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LIBRARY OF CONGRESS. 

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UNITED STATES OF AMERICA. 


























































































































































HIGHWAY LAWS 

OF THE 

STATE OE IOWA; 

CONTAINING 


ALL THE LAWS OF IOWA 


RELATING TO THE 


Powers and Duties of Highway Supervisors, 


WITH A.UL, 


AMENDMENTS, INCLUDING THE LAWS OF 1890, WITH 
PRACTICAL FORMS AND PROCEEDINGS. 


M* r gei89 0/ 


*AS 



BURLINGTON, IOWA: 

ACRES, BLACKMAR & CO., PUBLISHERS. 

n 


1890 . 




Entered according to Act of Congress, in the year A. D. 1890, 

By ACRES, BLACEMAR & CO., 

In the Office of the Librarian of Congress, at Washington. 








PUBLISHERS’ NOTICE. 


Our edition of 1887, of the Highway Laws of Iowa, 
having been exhausted, we have carefully revised them, 
adding such late decisions of the Supreme Court as seem 
applicable, and herewith present a new edition. 

The work contains all the laws on the subject of high¬ 
ways now in force, including those embraced in the Code 
of 1873 and the nine volumes of Session Laws published 
since 1873, together with the decisions of the Supreme 
Court, applying to the subject treated, with practical 
forms and proceedings. 


May, 1890. 


ACRES, BLACKMAR & CO. 



TABLE OF CONTENTS. 


HIGHWAYS. 

PAGE 

I. Establishment of Highways. 5 

II. Duties of Commissioner to establish highways. 6 

III. Assessment of Damages on Highways. 8 

IV. Final action in the establishment, vacation or alteration of Highways.. 12 

V. Highways across or along County Lines. 14 

♦ VI. Highways along streams to avoid building bridges. 14 

VII. Highways established by consent. 15 

VIII. Appeals from Board of Supervisors in allowing or rejecting damages.. 15 

IX. Lost Field Notes. 16 

X. Establishment of Highways by Dedication and Prescription. 18 

XI. Cattle-Ways across Highways. 19 

XII. Sidewalks on Highways. 20 

XIII. Duties of Township Trustees in reference to Highways. 20 

XIV. Taxation for road purposes in Municipalities. 21 

XV. Duties of Township Clerk in reference to Highways. 21 

XVI. Highway Supervisors, election, qualification and duties. 24 

XVII. Improvement of Highways (Laws of 1884). 29 

XVIII. Construction of Highways leading into Cities and Towns. 41 

XIX. Meeting on Highways. 42 

BRIDGES AND FERRIES. 

XX. Bridges. 43 

XXI. Toll Bridges. 47 

XXII. Ferries. 48 

XXIII. Obstructing, Defacing or Injuring Highway...... 49 
























HIGHWAYS. 


I. ESTABLISHMENT OF HIGHWAYS. 

Sub-division 5, of section 45, of the code, is as follows: 

5. The words “highway” and “road” include public bridges, and maybe 
held equivalent to the words “county way,” “county road,” “common road,” 
and “ state road.” 

Section 920. The board of supervisors has the general supervision over the 
highways in the county, with power to establish and change them as herein pro¬ 
vided, and to see that the laws in relation to them are carried into effect. 

Bridges are part of the public highway, and are therefore under the 
general supervision of the board of supervisors; and courts will not 
compel them by mandamus to build a bridge (43 Iowa, 192). 

The board qf supervisors has no authority to establish highways in 
the limits of incorporated towns or cities (72 Iowa, 173). 

Sec. 921. Highways hereafter established must be sixty-six feet in width, 
unless otherwise directed; but the board of supervisors may, for good reasons, fix 
a different width, not less than forty feet, and they may be increased or diminished 
within the limits aforesaid, altered in direction, or discontinued, by pursuing sub¬ 
stantially the steps herein prescribed for opening a new highway. 

The auditor has no power to establish a highway less than sixty-six 
feet wide, and if he attempts to do so, the board of supervisors may 
set aside his action (45 Iowa, 482), 

But if the records of the board show an approval of the act of the 
auditor establishing a road less than sixty-six feet wide, such highway 
is proper and legal (61 Iowa, 572). 

The establishment of a highway wider than authorized does not 
render the order establishing it void. It is an irregularity which can¬ 
not be taken advantage of in a collateral proceeding (20 Iowa, 248). 

An attempt to build a bridge by the side of a highway to save money 
may be enjoined if it works any injury to an adjoining property owner 
(61 Iowa, 471). 

2 




6 


Section 922. Any person desiring the establishment, vacation, or alteration 
of a highway, shall file in the auditor’s office of the proper county a petition, in 
substance as follows: 

No. 1—PETITION TO ESTABLISH, ALTER OR VACATE A HIGHWAY. 
To the Honorable Board of Supervisors of . County: 

The undersigned ask that a highway, commencing at [here accurately describe 
the place of beginning,] and running thence [here describe the course] and termi¬ 
nating at [here accurately describe the terminus,] be established, vacated or 
altered (as the case may be). 

Dated.18. 

Petitioners’ Names. | Petitioners’ Names. 

The petition should not state the width (45 Iowa, 482), and a peti¬ 
tion asking for the appointment of a commissioner instead of for the 
establishment of a road, is not a material defect (88 Iowa, 252). 
Section 1, chapter 32, session laws of 1880, giving right to build 
street railways on the highway, must be construed as authorizing 
highways wider than sixty-six feet (55 Iowa, 505). 

The petition need not follow the precise language of the statute 
(24 Iowa, 362). But a highway cannot be established lawfully un¬ 
less the board has been petitioned, and a petition asking for the open¬ 
ing and re-establishment of a road will not authorize proceedings to 
establish one (72 Iowa, 151). 

Section 923. Before filing such petition, the auditor shall require the peti¬ 
tioner to file in his office a bond, with sureties to be approved by such auditor, con¬ 
ditioned that all expenses growing out of the application will be paid by the 
obligors in case the contemplated highway is not finally established, altered or 
vacated, as asked in the petition. 

A failure to file the bond referred to will not invalidate the pro¬ 
ceedings (32 Iowa, 130). 

If the auditor proceeds without a bond, his action is not, because 
of that fact, without jurisdiction, the directions in respect thereof 
being simply directory (61 Iowa, 572). 

Section 924. If satisfied that the foregoing prerequisites have been complied 
with, the auditor shall appoint some suitable and disinterested elector of the county 
a commissioner to examine into the expediency of the proposed highway, altera¬ 
tion or vacation thereof, and report accordingly. 

II. DUTIES OF COMMISSIONER TO ESTABLISH 
HIGHWAYS. 

Section 925. The commissioner is not confined to the precise matter of the 
petition, but may inquire and determine whether that or any highway in the 
vicinity, answering the same purpose and in substance the same, be required; but 
such highway must not be established through any burying ground which is ex¬ 
empt from execution; nor through any garden, orchard, or ornamental ground 
contiguous to any dwelling house, nor so as to cause the removal of any building 
without the consent of the owner. 





7 


The commissioner has no authority to lay out a road beyond the 
point fixed in the petition (18 Iowa, 525). 

Section 926. In forming his judgment he must take into consideration both 
the public and private convenience, and also the expense of the proposed highway. 

Sec. 927. After a general examination, if he shall not be in favor of estab¬ 
lishing the proposed highway, he will so report, and no further proceedings shall 
be had thereon. 

An adverse report ends all proceedings under the petition. A report 
by another commissioner appointed by the auditor has no validity 
(52 Iowa, 709). 

If the commissioner report adverse^, the application cannot be 
considered as longer pending (59 Iowa, 481), and his report must 
show a determination, or it will not be sufficient to show the estab¬ 
lishment of a highway (52 Iowa, 660). 

Section 928. If he deems such establishment expedient, he may proceed at 
once to lay out the highway as hereinafter directed, and may report accordingly, 
if the circumstances of the case are such as to enable him to do so, without pursu¬ 
ing the course pointed out in the next section. 

Sec. 929. If the precise location of the highway cannot be otherwise given, 
he must cause the line of the highway to be accurately surveyed and plainly 
marked out. 

Sec. 930. Any commissioner other than the county surveyor must be sworn to 
faithfully and impartially discharge his duty as such commissioner, and, after 
being thus qualified, he shall have power to swear the assistants employed to a 
faithful and impartial performance of their respective duties in laying out the 
highway described in his commission. 

The commissioner should be sworn, but an affidavit before one not 
authorized to administer oaths will not render his work invalid (32 
Iowa, 130). 

Section 931. Mile posts must be set up at the end of every mile, and the dis¬ 
tance marked thereon, and stakes must be set at each change of direction, on 
which shall be marked the bearing of the new course. Stakes must also be set at 
the crossing of fences and streams, and at intervals in the prairie not exceeding a 
quarter of a mile each; in the timber the course must be indicated by trees suita¬ 
bly blazed. 

The provisions of this section are directory only, and a failure to 
follow it minutely will not render the proceedings void or illegal 
(24 Iowa, 362). 

Section 932. Bearing trees must, when convenient, be established at each 
angle and mile post, and the position of the highway relative to the corners of 
sections, the junction of streams, or any other natural or artificial monument or 
conspicuous object, must, as far as convenient, be stated in the field notes and 
shown on the plat. 


8 


Sec. 933. A correct plat of the highway, together with a copy of the field 
notes of the surveyor, if one has been employed, must be filed as part of the com¬ 
missioner’s report. 

Sec. 934. Within thirty days from the day of his appointment, the commis¬ 
sioner must file his report in the auditor’s office, and if it be in favor of the estab¬ 
lishment of the highway, shall report the number of bridges required, if any, and 
the probable cost thereof on the proposed highway. The auditor must appoint a 
day, not less than sixty nor more than ninety days distant, when the matter will 
be acted upon; on or before which day all objections to the establishment of the 
highway and claims for damages by reason of the establishment thereof, must be 
filed with the auditor. 

Final action on a date subsequent to the one fixed will be presumed 
to be in pursuance of a proper resolution (32 Iowa, 130). All claims 
for damage must be filed as provided. (See note to section 946). 

A date fixed for final hearing less than sixty days is an irregularity, 
but will not render its action open to collateral attack (39 Iowa, 226). 

Section 935. The time for the commissioner to commence the examination 
shall be fixed by the auditor, and if he fails to so commence, or to report as pre¬ 
scribed in the preceding section, the auditor may fix another day, or extend the 
time for making such report, or may appoint another commissioner. 

Changes in the location of a highway from that described in the 
petition, made during and in the course of proceedings to lay it out, 
will be presumed correct in a collateral proceeding (15 Iowa, 213); 
but where the commissioner extended the highway beyond the ter¬ 
minus named in the petition, it was void (18 Iowa, 225). The fixing 
visible monuments, and the making of field notes and a plat of the 
road, as provided in sections 931 and 932 of this chapter, are merely 
directory, and a failure on the part of the commissioner to comply 
therewith will not render the proceedings void (24 Iowa, 367). 

III. ASSESSMENT OF DAMAGES ON HIGHWAYS. 

Section 936. Within twenty days after the day is fixed by the auditor, as 
above provided, a notice shall be served on each owner or occupier of land lying 
in the proposed highway, or abutting thereon, as shown by the transfer books in 
the auditor’s office, who resides in the county, in the manner provided for the 
service of original notice in actions at law; and such notice shall be published for 
four weeks in some newspaper printed in the county, if any such there be, which 
notice may be in the following form: 

No. 2.—NOTICE TO PROPERTY OWNERS. 

To all whom it may concern: The commissioner appointed to locate, vacate, 

or alter (as the case may be) a highway commencing at.in.county, 

running thence (here insert the names of the owners of the land through, on or 
along which the proposed highway passes, as they appear upon the transfer books 
in the auditor’s office, and describe in general terms all the points, as in the com¬ 
missioner’s report], and terminating at., has reported in favor of the estab¬ 

lishment, vacation, or alteration thereof, and all objections thereto, or claims for 

damages, must be filed in the auditor’s office on or before noon of the.day of 

.18.or such highway will be established, vacated, or altered (as the 

case may be) with reference thereto. . County Auditor. 









9 


The petition and notice required by the above section are necessary 
to confer jurisdiction upon the supervisors, and the record of their 
proceedings must show them (64 Iowa, 243; 39 Iowa, 274). Notice 
to conditional owners and others, not shown by the transfer books, 
not necessary (42 Iowa, 173). The notice should be served person¬ 
ally upon the owner, as shown by the transfer books, if the owner is 
a resident of the county, and if a non-resident, then upon the occu¬ 
pant, though his name is not upon the transfer books (49 Iowa, 569). 
A mistake in the notice and petition as to the place of beginning 
renders the proceedings invalid (45 Iowa, 257). 

Personal notice need be given only to residents of the state in 
actual occupancy of land. Notice upon foreign railway corporations 
through whose land the proposed road passes is sufficiently served by 
publication (68 Iowa, 135). Not so on corporations of this state 
(43 N. W. Rep., 277). If the auditor determine the sufficiency of 
the notice, casts upon one questioning the fact the burden of proving 
it (64 Iowa, 198). The notice required by the foregoing section does 
not apply to city streets or alleys (66 Iowa, 687). 

The notice may be served by the sheriff, constable, or any other 
person not an interested party, and the service must be made by 
reading the notice to each person named therein, or offering to read 
it, if he neglects or refuses to hear it read, and in either case by de¬ 
livering him personally a copy of the notice; or, if he refuses to 
receive it, by offering to deliver it (code of 1873, sections 2601-2-3). 

If service cannot be made on the parties personally, on account of 
their not being found in the county, then it must be made by leaving 
a copy of the notice at his usual place of residence with some member 
of the family over fourteen years of age. 

Service may also be made by taking an acknowledgement of the 
service endorsed on the notice, dated and signed by the persons on 
whom service is to be made (code of 1873, section 2603). 

The notice must be returned to the auditor on or before the day 
set for hearing, with the proper return made thereon, which return 
must be sworn to, unless served by an officer; which return may be 
made in the following form: 

No. 3.—RETURN TO NOTICE WHEN SERVED PERSONALLY. 

I hereby certify that I served the within notice on the within named [here name 
each person served] by reading the same to each personally (or offering to read it), 
[here state the place and manner], and delivering (or offering to deliver) to each 
of them a true copy thereof, on the.day of.18., in.county, Iowa. 

Service, $.; copies, $.; mileage, $. 


.Sheriff or Constable . 









10 


When served by copy the return may be as follows: 

No. 4.—RETURN TO NOTICE SERVED BY COPY. 

I hereby certify that I served the within notice on the within named [here 

name the person served by copy] on the.day of.18.. by leaving a copy 

thereof at the dwelling house of [here state whose house], in.township. 

county, Iowa, that being the usual place of residence of [here name the person or 

f tersons served], with [here give the name of the person with whom the copy is 
eft], he (or she) being a member of the family over fourteen years of age. The 
said [here name the person or persons] not being found in.county, Iowa. 

Fees, $. . Sheriff or Constable. 

When practicable, the persons named in the notice may acknowl¬ 
edge service in writing thereon, as follows: 

No. 5.—ACCEPTANCE OF SERVICE OF NOTICE. 

I (or we) do hereby acknowledge due and legal service of the within notice, 
this.day of .18..... ... 

When service is acknowledged according to form No. 5, neither 
copies to the parties, nor formal return by the officer or person serv¬ 
ing the same is required. 

The reading of the notice, and also the delivering of the copy, may 
be waived by the parties served, and the fact noted in the return. 

When the notice is served by any person not an officer, or when 
served out of the state, the affidavit of the person serving the same 
may be as follows: 

No. 6.—AFFIDAVIT TO RETURN OF NOTICE TO PROPERTY 
OWNERS. 

State op Iowa, .County, ss. 

I.on oath, say that I served the within notice [here proceed as in 

the foregoing forms, as the case requires]. . 

Subscribed and sworn to before me by.this.day of. 18 . 

. Justice of the Peace. 

The return must be in strict compliance with the statute (1 Green, 
346; 10 Iowa, 553; 12 Iowa, 204), and must show the time, manner 
and place of service, and that a copy was delivered, or offered to be 
delivered to the person served (code of 1873, section 2604; 27 Iowa, 
465). 

The notice should be published in the paper most likely to give 
notice to all parties interested; provided more than one such paper is 
published in the county. 

A foreign railroad corporation, over whose track a highway is being 
established, may be notified by publication of the proposed establish¬ 
ment of the highway (68 Iowa, 135). 






















11 


Proof of the publication must be made by the affidavit of the pub¬ 
lisher or other competent person knowing the fact. 

But formal proof of notice by publication, need not be made to 
authorize the auditor to act (64 Iowa, 198). 

Section 937. If no objections or claims for damages are filed on or before 
noon of the day fixed for filing the same, and the auditor is satisfied the provisions 
of the preceding section have been complied with, he shall proceed to establish 
such highway as recommended by the commissioner, upon the payment of costs. 
If such costs are not paid within ten days, the auditor shall report his action in 
the premises to the board of supervisors at their next session, who may affirm the 
action of the auditor or establish such highway at the expense of the county. 

The auditor has no power to fix the width of a highway at less 
than sixty-six feet (45 Iowa, 482), and the action of the auditor is 
subject to review by the board (38 Iowa, 263); and an appeal cannot 
be taken from the action of the auditor, but only from that of the 
board (39 Iowa, 244). 

Section 938. If the auditor is satisfied the notice has not been served and 
published as provided in section nine hundred and thirty-six of this chapter, he 
shall appoint another day, and cause such notice to be served or published as pro¬ 
vided in said section, and thereafter proceed as provided in the preceding section. 

Sec. 939. If objections to the establishment of the highway or claims for 
damages are filed, the further hearing of the application shall stand continued to 
the next session of the board of supervisors held after the commissioners appointed 
to assess damages have reported. 

The auditor cannot establish the highway, though the damages 
claimed have been paid, but the hearing must be continued to the 
next meeting of the board (52 Iowa, 568). 

Section 940. When claims for damages are filed, and on the day appointed 
for filing the same, the auditor must appoint three suitable and disinterested 
electors of the county as appraisers to view the ground, on a day fixed by him, and 
report upon the amount of damages sustained by the claimants; such report shall 
be made and filed in the auditor’s office within thirty days after the day they are 
appointed. 

Timber growing upon land appropriated for highway purposes 
remains the property of the former owner, and is not to be taken 
into account in determining his damages (9 Iowa, 594). 

Section 941. All claims for damages and objections to the establishment, 
vacation or alteration of the highway must be in writing, and the statements in 
the application for damages shall be considered denied in all the subsequent pro¬ 
ceedings. 

Under this and section 946, damages for vacation of highway can¬ 
not be recovered by an adjacent owner of land, nor by any other per¬ 
son (40 Iowa, 571; ibid , 576). 


12 


Section 942. The auditor shall cause notice of their appointment to be given 
to each of the appraisers, fixing the hour at which they are to meet at the office of 
the auditor, or.some justice of the peace therein named. 

Sec. 943. If the appraisers are not all present within one hour of the time 
thus fixed, the auditor or justice, as the case may be, shall fill the vacancy by the 
appointment of others. The appraisers must be sworn to discharge their duty 
faithfully and impartially. 

If, however, upon the absence of one of the appraisers the others 
adjourn to a day when all will be present, their action is not neces¬ 
sarily invalid for that reason (61 Iowa, 89). 

Sec. 944. Should the report not be filed in time, or should any other good 
cause for delay exist, the auditor may postpone the time for final action on the 
subject, and may, if expedient, appoint other commissioners. 

Sec. 945. Should no damages be awarded the applicant therefor, the whole 
of the cost growing out of his application shall be paid by him. 

IV. FINAL ACTION IN THE ESTABLISHMENT, VACATION, 
OR ALTERATION OF HIGHWAYS. 

Section 946. When the time for final action arrives, the board of supervisors 
may hear testimony, receive petitions for and remonstrances against the establish¬ 
ment, vacation or alteration, as the case may be, of such highway, and may estab-. 
lish, vacate, or alter, or refuse to do so, as in their judgment, founded on the 
testimony, the public good may require. Said board may increase or diminish the 
damages allowed by the appraisers, and may make such establishment, vacation, 
or alteration, conditioned upon the payment in whole or in part of the damages 
awarded, or expenses in relation thereto. 

When two applications are made for substantially the same road, 
by different routes, they may be considered together (26 Iowa, 85). 

Where the establishment is conditioned upon the payment' of the 
expenses, the order need not specify the time for such payment {Ibid). 

If an appeal is taken from the action of the board allowing dam¬ 
ages, and the district court increase the amount allowed, the board 
may reconsider their action, and deny the application for the highway 
(47 Iowa, 32). 

Where the auditor improperly locates a highway, the board may 
set aside his action and vacate the highway thus wrongly established 
(45 Iowa, 482). 

And if the application be dismissed, the board is not precluded for 
all time from the establishment of a road on the same line (64 
Iowa, 198). 

When the board has once concluded upon the order contemplated 
in this section, and the amount of damages, such action is in the 


13 


nature of an adjudication of the matter in controversy, and the same 
matter cannot be brought in question in a new proceeding, before the 
hoard; it must be appealed (35 Iowa, 578). And a failure of a party 
to claim his damages within a prescribed time, will not admit his 
objection to the establishment of the road on the ground that his 
property is taken without compensation (7 Iowa, 248; ibid, 418; 28 
Iowa, 469; 36 Iowa, 354). 

The damages to the landowner do not include the timber, as that 
remains his property (9 Iowa, 594). If he is dissatisfied with this 
appraisement, he may have his damages assessed by a jury of twelve 
by appeal (65 Iowa, 566). 

The action of the board in respect to damages can be reviewed only 
on appeal, as provided by Section 959. 

Section 947. In tlie latter case, a day shall be fixed for the performance of 
the condition, which must be before the next session of the board, and if the same 
is not performed by the day thus fixed, the board shall, at such session, make some 
final and unconditional order in the premises. 

Sec. 948. Any order made or action taken in the establishment of a highway, 
shall be entered in the highway record, distinguishing between those made or taken 
by the auditor, and those by the board of supervisors. 

Sec. 949. After the highway has been finally established, the plat and field 
notes must be recorded by the auditor, and he shall certify the same to the town¬ 
ship clerk, and the township clerk shall certify to and direct the supervisor of 
highways to have the same opened and worked subject to the provisions of the 
next section. 

Sec. 950. A reasonable time must be allowed to enable the owners of land to 
erect the necessary fences adjoining the new highway; and when crops have been 
planted or sowed before the highway is finally established, the opening thereof 
shall be delayed until the crop is harvested. 

Refusal of the owner of the land to remove the fences where the 
newly established highway crosses his land, does not subject him to a 
criminal prosecution for obstruction of highway until a reasonable 
time after he shall have been notified by the supervisor (32 Iowa, 
189). 

When the road supervisor, at the request of the land owner, slightly 
deflected from the original line, the public ma} 7 acquire rights in the 
road thus laid out, and a supervisor may remove the fence therefrom 
(62 Iowa, 37). 

Section 951. The rights and interests of minors and insane persons, in rela¬ 
tion to the establishment, vacation, and alteration of highways, and all matters 
connected therewith, are under the control of their guardians. 


14 


Sec. 952. All public streets of towns or villages not incorporated, are a part 
of the highway; and all supervisors of highways, or persons having charge of the 
same, in the respective districts of such towns or villages, shall work the same as 
provided by law. 

Sec. 953. Such portions of all highways as lie within the limits of any city 
or incorporated town shall conform to the direction and grade, and be subject to 
all regulations of other streets in such town or city. 

The streets and alleys within the limits of an incorporated town 
or city are under the control of the municipal government, but the 
streets of an unincorporated town are a part of the highways of the 
county, and are under the control of the supervisors (72 Iowa, 173). 

Section 955. Highways or streets shall not be established or opened across the 
lands reserved by the state for its various institutions lying adjacent thereto, 
without the express consent of the general assembly. 

Y. HIGHWAYS ACROSS OR ALONG COUNTY LINES.. 

Section 955. The establishment, vacation or alteration of a highway, either 
along or across a county line, may be effected by the concurrent action of the re¬ 
spective boards of supervisors in the mode above prescribed; except that the 
auditor of neither county can make the final order in such case. The commission¬ 
ers in such cases must act in concert, and the highway will not be deemed estab¬ 
lished, vacated or altered in either county until it is so in both. 

, Sec. 956. Hereafter there shall be no distinction between highways hereto¬ 
fore known as state roads and county roads; both are alike subject to the provi¬ 
sions of this chapter. Highways established by the concurrent action of the board 
of supervisors of two or more counties, can only be discontinued by the*concurrent 
action of the board of supervisors of the several counties in which the same may 
be situated, but such highways shall be treated in all other respects as provided 
in this title. 

VI. HIGHWAYS ALONG STREAMS TO AVOID BUILDING 

BRIDGES. 

By act of the Twenty-first General Assembly, chapter 85, it is pro¬ 
vided: That the Board of supervisors shall have the power to change 
and establish highways along streams where they can avoid building 
a bridge or bridges over said stream, and said highway shall be placed 
in good traveling condition by said county board of supervisors; and 
all costs accruing in the establishment of said road shall be paid out 
of the county bridge fund. The board shall also have power, when 
ever such highway shall be deemed necessary, at their regular session, 
to appoint three disinterested persons to assess the damages of the 
same, and any aggrieved party appealing, must first file a bond for 
the costs, to be approved by the clerk of the district court, to which 
the appeal is taken. 


15 


VII. HIGHWAYS ESTABLISHED BY CONSENT. 

Section 957. Highways may be established without the appointment of a 
commissioner, provided the written consent of all the owners of land to he used 
for that purpose he filed in the auditor’s office and if it is shown to be the satis¬ 
faction of the board of supervisors that the proposed highway is of sufficient public 
importance to be opened and worked by the public, they shall make an order estab¬ 
lishing the same, from which time only shall it be regarded as a highway. 

Sec. 958. If a survey for the establishment of the highway named in the 
preceding section is necessary, the board of supervisors, before ordering such 
survey, may require the parties asking for the establishment of such highway to 
pay, or secure the payment of, the expenses of such survey. 

VIII. APPEALS FROM BOARD OF SUPERVISORS ON 
ALLOWING OR REJECTING CLAIMS 
FOR DAMAGES. 

Section 959. Any applicant for damages claimed to be caused by the estab- 
ment of any highway, may appeal from the final decision of the board of super¬ 
visors to the circuit [district] court of the county in-which the land lies; but notice 
of such appeal must be served on the county auditor within twenty d,ays after the 
decision is made. If the highway has been established on condition that the 
petitioners therefor pay the damages, such notice shall be served on the four 
persons first named in the petition for the highway, if there are that many who 
reside in the county. 

The question of damages, whether as to amount, or whether any 
damages shall be allowed, should be reviewed on appeal, not certiorari 
(see notes, section 946), and an appeal lies from the action of the 
board denying any damages (9 Iowa, 40; 37 Iowa, 184). Upon 
appeal, the question of damages is tried de novo (18 Iowa, 327), and 
without asking the board to set aside the report of the appraisers (25 
Iowa, 214). The appeal must he taken within twenty days from the 
date of the order contemplated in section 946 (42 Iowa, 180). 

The board of supervisors acting upon a claim for and allowing 
damages, is a tribunal, and its action in the matter a civil case, and 
appeals therefrom are governed as appeals from justice’s courts (71 
Iowa, 385). 

A service of the notice, contemplated in the above section, upon a 
less number than therein specified does not give the court jurisdiction 
(42 N. W. R., 183) 

Section 960. An appeal may also be taken by the petitioner for the high¬ 
way as to amount of damages, if the establishment of the highway has been made 
conditional upon his paying the damages, by his serving notice of such appeal on 
the county auditor and applicant for damages within twenty days after the decision 
of the board of supervisors, and filing a bond in the office of such auditor, with 


16 


sureties to be approved by bim, conditioned for the payment of all costs occasioned 
by such appeal, unless the appellant fails to recover a more favorable judgment in 
the circuit [district] court than was allowed him by such board. 

The notice of appeal must be served within twenty days upon the 
auditor; and also upon the applicant for damages within the same 
time (48 Iowa, 486). 

Section 961. In the cases contemplated in the two preceding sections, the 
auditor shall, within ten days after the notices aforesaid are served and filed in his 
office, make out and file in the office of the clerk of said court, a transcript of the 
papers on file in his office and proceedings of the board in relation to such dam¬ 
ages. The claimant for damages shall be plaintiff, and the petitioner for the high¬ 
way defendant, except the damages have been ordered paid out of the county 
treasury, in which case the county shall be defendant. 

Sec. 962. The amount of damages the claimant is entitled to, shall be ascer¬ 
tained by said circuit [district] court in the same manner as in actions by ordinary 
proceedings, and the amount so ascertained shall be entered of record, but no 
judgment shall be rendered therefor. The amount thus ascertained shall be cer¬ 
tified by the clerk to the board of supervisors, who shall, thereafter, proceed as if 
such amount had been by them allowed the claimant as damages. 

When the district court has determined the amount of damages, 
the hoard may proceed to final action, the same as if it had orginally 
allowed the damages (42 Iowa, 385). 

If the amount of damages is increased on appeal the board, upon a 
reconsideration of the matter, may refuse to establish the highway 
(47 Iowa, 32). 

Section 963. If the appeal has been taken by the claimant, the petitioner for 
the highway, or the county, must pay the costs occasioned by the appeal; but the 
county shall pay only when the damages have been ordered to be paid out of the 
county treasury. If the petitioner for the highway appeals, he must pay the 
costs unless the claimant recovers a less amount than was allowed him by the 
board, in which case the costs shall be paid by the claimant. Judgment shall be 
rendered in accordance with the foregoing provisions. 

When the owner of land appeals from the award of damages, he 
is entitled to his costs, though the amount of damages awarded in the 
district court is not larger than that given by the appraisers (47 
Iowa, 102). 

The payment of the costs cannot be enforced until they have been 
adjudged; but the filing fee must be advanced (71 Iowa, 180). 

IX. LOST FIELD NOTES. 

Section 964. When, by reason of the loss or destruction of the field notes of 
the original survey, or in cases of defective surveys or record, or in cases of such 
numerous alterations of any highway since the original survey, that its location 
cannot be accurately defined by the papers on file in the proper office, the board of 
supervisors of the proper county may, if they deem it necessary, cause such high¬ 
way to be re-surveyed, platted, and recorded as hereinafter provided. 


17 


The board may order a re-survey, where the necessary steps have 
been taken to establish a road, where the clerk failed to record the 
field notes, and no record of the final order was found (20 Iowa, 124); 
but if no highway has been formally established, a re-survey is of no 
effect (52 Iowa, 660). Where the recorded field notes of an original 
survey are not so obscure, repugnant, or otherwise defective, that 
they cannot be traced upon the earth, a re-survey should not be had 
(59 Iowa, 554). 

Unless the highway was originally established, no re-survey can be 
ordered (61 Iowa, 18); but where a portion of the record of the 
original survey was lost, and a re-survey was shown by the evidence 
to correspond with the original survey, the same might be adopted 
and acted upon (72 Iowa, 57). 

Section 965. A copy of the field notes, together with a plat of any highway 
surveyed under the provisions of the preceding section, shall be filed in the office 
of the county auditor, and thereupon, he shall give public notice by publication in 
some newspaper published within the county, or, if no paper is published in his 
county, by posting such notice in five of the most public places in the vicinity of 
such survey, that such survey has been made and that at some term of the board 
of supervisors, not less than twenty days from the publication, they will, unless 
good cause be shown against so doing, approve of such survey and plat, and order 
them to be recorded as in cases of the original establishment of a public highway. 

Sec. 966. In case objection shall be made by any person claiming to be 
injured by the survey made, the board of supervisors shall have full power to hear 
and determine upon the matter, and may, if deemed advisable, order a change to 
be made in the survey. Upon the final determination of the board, or in case no 
objection be made at the term named in the notice of the survey, they shall approve 
of the same and cause the field notes and plat of the highway to be recorded as in 
case of the establishment, or alteration of highways, and thereafter such records 
shall be received by all courts as conclusive proof of the establishment and existence 
of such highway, according to such survey and plat. 

Sec. 967. If the same has not been heretofore done in any other manner, the 
county auditor shall, within six months after this code takes effect, cause every 
highway in his county, the legal existence of which is shown by the records and 
files of his office, to be platted in a book to be obtained and kept for that purpose, 
and known as the ‘ ‘ highway plat book. ’ ’ Each township shall be platted sepa¬ 
rately, on a scale of not less than four inches to the mile, and such auditor shall 
have all changes in or additions to the highways legally established, immediately 
entered upon said plat book, with appropriate references to the files in which the 
papers relating to the same may be found. 

Sec. 968. Within the time aforesaid, the auditor shall furnish to the township 
clerks a certified copy of said plat-book, so far as the same relates to their respective 
townships, which shall be carefully preserved in the office of said clerks. The 
auditor shall notify said clerks of all changes made in the plat book relative to the 
highways, so far as the same relate to their townships respectively; on receipt of 


18 


which, said clerk shall immediately make corresponding changes on the maps in 
their respective offices. 

By section 972 the township clerk shall furnish the supervisor with 
a plat of his district. 

X. ESTABLISHMENT OF HIGHWAYS BY DEDICATION 
AND PRESCRIPTION. 

In addition to the statutory provisions relating to the establishment 
of highways, they may derive their existence from a dedication of the 
land to public use, and the acceptance thereof to the public; such 
dedication may be in writing, by parol, or any other acts inconsistent 
with any other inference (27 Iowa, 15; 34 Iowa, 144, 478); and it 
may also be established without proof of an express grant by the 
owner. Long use by the public, and the acquiescence of the owner 
therein, are evidence of a dedication; and such right acquired by use 
by the public, with the knowledge of the owner, becomes perfect in 
ten years (19 Iowa, 125; 22 Iowa, 457; 36 Iowa, 485; 39 Iowa, 23); 
but a local or timber road requires much stronger evidence of dedica¬ 
tion or prescriptive right than an acknowledged highway which is 
constantly traveled (22 Iowa, 457; 26 Iowa, 377; 29 Iowa, 73); and 
to constitute a highway by prescription, based upon use by the public 
for the required length of time, with the knowledge and consent of 
the owner of the soil, there must be an absence of proof that the 
highway was so used by leave, favor, or mistake. 

If it be shown that the apparent consent of the owner was based 
upon mistake as to the location of the section line on which it was 
intended the highway should run, no highway by prescription will 
be gained thereby (30 Iowa, 258; 34 Iowa, 144; 20 Pick., 291); 
continued, uninterupted adverse use by the public, is essential to 
establish such right (40 Iowa, 637; 32 Ill., 278; Angel on Highways, 
151; 15 Ill., 241). 

If the owner through whose land a used way lies, agrees that it may 
be continued as a highway if his neighbors will fence it, and they do 
so and continue to use the way, the assent of the owner thus expressed 
and acted upon is a dedication of the road to the public (28 N. W. 
Rep., 650). 

The owner of land, under the belief that a certain highway used 
by the public was a legally established highway, proposed that if the 
route of the highway was so changed as to run along the line of his 
land he would give the right of way; it was accordingly changed and 


19 


used by the public for several years, and considerable expenditures 
made thereon in its improvement; it was held that the dedicator or 
his assignee could assume possession again, upon its being ascertained 
that the old highway was not a legal highway (37 Iowa, 250). 

When the public have traveled for more than ten years a route 
deviating slightly from that originally established, by reason of an 
obstacle in the surveyed route, and pursuant to some arrangement 
with adjacent owners and not by mistake merely, such traveled route 
becomes a highway by prescription (36 Iowa, 614); but the dedication 
of a highway for private purposes will not establish a public highway 
by prescription (36 Iowa, 485). 

XL CATTLE-WAYS ACROSS HIGHWAYS. 

Upon application by any person to the board of supervisors of any 
county for permission to construct a cattle-way across, over or under 
any public highway, the board may grant the same; provided said 
cattle-way shall not interfere with the travel upon such highway; but 
the person who applied for such cattle-way shall construct the same 
at his own expense, and be responsible for all damages that may arise 
from its construction or from the same not being kept in good condi¬ 
tion, and that the grade of the highway over the cattle-way shall not 
exceed one foot in ten. 

If the person on whose land such cattle-way is constructed, fails to 
keep the same in good repair, then it shall be the duty of the road 
supervisor to make all repairs necessary and charge the same to the 
owner of the land upon which such cattle-wav is constructed, and 
upon his refusal or failure to pay, the supervisor shall recover the 
same in an action brought in his own name in any court having com¬ 
petent jurisdiction; which money, when collected, shall be expended 
for improving or repairing the public highway in the road district 
where such cattle-Way is constructed: Provided, that no person shall 
construct any cattle-way so as to obstruct the freedom of the public 
in watering at any running stream (Laws of 1876, chapter 111). 

Any person or persons desiring to build a cattle-way across a public 
highway under any township bridge, may apply to the board of 
trustees of the township wherein such bridge is located, at the regular 
April meeting of such board. The said board of trustees may grant 
such right upon such application, and prescribe such conditions in 
regard to the maintenance of said bridge and cattle-way as they may 
deem just and proper. (Act of 22d G. A., chap. 92, sec. 1). 


20 


XII. SIDEWALKS ON HIGHWAYS. 

(Chaptek 147, Laws of 1884). 

Section 1. That it shall be lawful for any owner of land adjoining or abut¬ 
ting on a public road or highway outside the limits of any city or town, to build 
and construct a sidewalk on and along said highway for his own use and for the 
use of the public traveling on foot, that said sidewalk shall not exceed four feet in 
width and shall be located along the side of the highway and may be constructed 
of any material suitable for a foot walk, provided , that said sidewalk shall not be 
so constructed as to interfere with the proper use and enjoyment of any lands or 
premises along which it passes, and provided further, that the person building 
such walk shall keep the same in good repair, and shall be liable for all injuries 
occasioned by his failure to keep the same in repair. 

Sec. 2. Any person who shall destroy, injure, or drive or ride upon a side¬ 
walk, so constructed or heretofore constructed, except at highway crossings, shall 
be deemed guilty of a misdemeanor and shall be fined not less than five dollars for 
each offense, and shall be liable to the party who has built or maintained said 
sidewalk for all damages. 

XIII. DUTIES OF TOWNSHIP TRUSTEES IN REFERENCE 

TO HIGHWAYS. 

Sec. 969. The township trustees of each township shall meet on the first 
Monday in April, or as soon thereafter as the assessment book is received by the 
township clerk, and on the first Monday in October in each year. At the April 
meeting said trustees shall determine: 

1. Upon the amount of property tax to be levied for highways, bridges, guide- 
boards, plows, scrapers, tools, and machinery adapted to the construction and 
repair of highways, and for the payment of any indebtedness previously incurred 
for highway purposes, and levy the same, which shall not be less than one nor 
more than five mills on the dollar on the amount of the township assessment for 
that year; 

2. Whether any portion of said tax shall be paid in labor, and if so, what 
portion may be so paid; 

3. Upon the amount that will be allowed for a day’s labor done by a man, 
and by a man and team, on the highway; 

4. At the October meeting, said trustees shall divide their respective town¬ 
ships into such number of highway districts as they may deem necessary for the 
public good, and at said meeting they shall settle with the township clerk and 
supervisors of highways. 

Portions of the highway embraced within a city are not subject to 
a division into road districts, and the trustees cannot tax such portions 
(47 Iowa, 452). Road tax may be levied upon the property of rail¬ 
way companies, though such property may not be placed upon the 
assessor’s book (45 Iowa, 168). 

Section 970. The trustees shdll set apart such portion of the tax specified in 
the preceding section of this chapter as they deem necessary for the purpose of 
purchasing the tools and machinery, and paying for the guide-boards mentioned in 


21 


said section, and the same shall constitute a general township fund; and such 
trustees shall require the township clerk to give bond in such sum as they deem 
proper, conditioned as the bonds of county officers, which bond and the sureties 
thereon, shall be approved by said trustees. Said clerk shall take charge of and 
properly preserve and keep in repair such tools, implements and machinery as may 
be purchased with said general township fund, and shall have authority to deter¬ 
mine at what time the supervisors of the several districts may have the custody 
and use of the same, or any part thereof, and shall be responsible for the safe 
keeping of the same, when not in the custody of some one of the supervisors for 
use in working the highways in his district, and shall receive such compensation 
as the trustees shall provide to be paid out of such fund. 

The tools and machinery necessary for the construction and repair 
of highways are to be owned by the township, and not by the several 
road districts (45 Iowa, 520). 

The “ general fund ” is the money set apart as here contemplated, 
and does not include money received by the clerk from the county 
treasurer under section 976 (45 Iowa, 519). The trustees cannot buy 
implements, etc., for the district upon credit. The appropriation must 
precede the purchase (58 Iowa, 384; 58 Iowa, 396; 61 Iowa, 423). 

The township clerk may maintain an action against a road super¬ 
visor for moneys paid him belonging to the general township fund, 
if he refuses to pay on demand (59 Iowa, 376) and he may sue on 
the bond of such delinquent supervisor (62 Iowa, 468). 

Section 971. The trustees shall order and direct the expenditure of the 
general township fund. 

XIY. TAXATION FOR ROAD PURPOSES IN 
MUNICIPALITIES. 

(Chapter 158, Laws of 1882. 

Section 1. That all property now subject to taxation in any city or town 
which by law is not subject to taxation for general municipal purposes, shall never¬ 
theless be liable to taxation for road purposes as may be provided by the council of 
such city or town, but not exceeding the rate of five mills upon the dollar of the 
assessed valuation thereof. 

XV. DUTIES OF TOWNSHIP CLERK IN REFERENCE 
TO HIGHWAYS. 

, Section .972. The township clerk shall furnish each supervisor, to be by him 
transferred to his successor in office, with a copy of so much of the map or plat 
furnished such clerk by the auditor as relates to the highways in the district of 
such supervisor, and, from time to time, to mark thereon the changes in or addi¬ 
tions to such highways as the same are certified to him by the auditor. 

This map is not essential to the authority of the supervisor, and 
gives him no additional power (37 Iowa, 448). 

3 


22 


The map referred to in section 972, to he delivered by the township 
clerk to the highway supervisor, confers no additional authority upon 
him; and is no authority for his action; and in an action against him 
for trespass for throwing down fences of another while claiming to 
open a highway, he cannot justify under the map, although it pur¬ 
ports to contain all the legal highways in the township and represents 
the line in question to be a legal highway. The rule that a ministe¬ 
rial officer is not liable for the executing of legal process does not 
appty; and he must show that in fact a highway did exist either de 
facto or de jure (34 Iowa, 494). 

Section 973. The township clerk shall, within four weeks after the trustees 
have levied the property tax, make out a tax list for each highway district in his 
township, which list shall be in tabular form and in alphabetical order, having 
distinct columns for land, town lots, and personal property, and carry out in a 
column the amount of the tax on each piece of land, and town lot, and on the 
amount of personal property belonging to each individual; and he shall carry out 
the amount of tax, to be paid in money, due from each individual in a column by 
itself; which list shall contain the names of all persons required to perform two 
days 1 labor upon the highway as poll tax; and to enable the township clerk to make 
out such tax list, the assessor shall furnish the township clerk of each township, on 
or before the first day of April of each year, a correct copy of the assessment list 
of said township for that year, which list shall be the basis of such tax list. The 
county auditor shall furnish the several township clerks of his county with printed 
blanks necessary to carry into effect the provisions of this chapter. 

Under section 973 railroads are subject to assessment for road tax 
(41 Iowa, 63). 

Section 974. The township clerk shall make an entry upon such tax list show¬ 
ing what it is for, what highway district, and for what year, and shall attach to the 
list his warrant under his hand, in general terms, requiring the supervisor of such 
district to collect the taxes therein charged as herein provided; and no informality 
in the above requirements shall render any proceedings for the collection of such 
taxes illegal. The clerk is hereby required to cause such lists to be delivered to the 
proper supervisors of his township within thirty days after the levy, and take 
receipts therefor; and such list shall be full and sufficient authority for the supervisor 
to collect all taxes therein charged against resident property-holders in his district. 

The entry should he written on the hack of the list and near the 
top when folded, and may be as follows: 

Highway tax list for year 18..., for highway district No.,.Township, 

.county, Iowa. 

The warrant of the township clerk may be attached to the list at 
the most convenient place, and may be, in form, as follows: 

No. 7—WARRANT OF TOWNSHIP CLERK TO COLLECT TAXES. 

To . Supervisor of Highway District No ., in . toivnship, 

. county, Iowa: 

You are hereby authorized and commanded to collect the taxes charged in the 
within list as by statute in such cases made and provided. 

Given under my hand this.day of.18... . Township Clerk. 











23 


When the clerk delivers the tax list to the supervisors, he is required 
to take a receipt therefor from each supervisor receiving such list, 
which receipt may be in the following form: 

No. 8.—SUPERVISOR’S RECEIPT FOR HIGHWAY TAX LIST. 

Received of.clerk of.township.county, Iowa, the tax list for 

highway district number., in.township, for the year 18..., amounting 

t°.dollars and.cents . Supervisor of Highway Dist. No... 

Section 975. The township clerk shall, on or before the second Monday in 
October in each year, make out a certified list of all land, town lots, and personal 
property on which the highway tax has not been paid, and the amount of tax 
charged on each parcel of land, town lot, or personal property, designating the 
district in which the same is situated, and transmit the same to the auditor, who 
shall enter the amount of tax to each piece of land or town lot and person taxed for 
personal property in the column ruled for that purpose, the same as other taxes, and 
deliver the same to the county treasurer, charging him with the same, which shall 
be collected by such treasurer in the same manner that county taxes are collected; 
and in case the township clerk shall fail or neglect to make such return, he shall 
forfeit and pay to the use of the township, for highway purposes, a sum equal to 
the amount of tax on said land, which may be collected by suit on his official bond 
before any court having competent jurisdiction. 

The taxes are not rendered invalid because of some irregularities on 
the part of the clerk made in the returns, or in the manner of placing 
the taxes upon the treasurer’s books (39 Iowa, 124; ibid, 151; 41 
Iowa, 153). 

Section 976. The county treasurer shall, on the last Monday in April and 
October of each year, pay to the township clerk all the highway taxes belonging 
to his township which are at such times in his hands, taking the duplicate receipts 
of such clerk therefor, one of which shall be delivered by such treasurer, on or 
before the first Monday in May and November in each year, to the trustees. 

These taxes when collected cannot be appropriated by the county 
nor disbursed by it; and if they have been illegally collected they 
cannot be recovered back in an action against the county by a tax¬ 
payer (51 Iowa, 522). 

The township clerk may maintain action to recover money in hands 
of third persons belonging to his township (57 Iowa, 11); he is also 
the proper party to recover on supervisors’ bond for failure to ac¬ 
count for taxes (59 Iowa, 376; 62 Iowa, 468). The clerk also is the 
proper person to make distribution of moneys paid him by the county 
treasurer, except the general fund (45 Iowa, 519), and a road super¬ 
visor who collects of the money is liable in an action on his bond, 
though he may have expended the same for road purposes (59 
Iowa, 376). 










24 


By chapter 36, Laws of 1880, the county treasurer is required to 
furnish the township clerk a statement showing the amount of money 
collected and paid over for each road district (18 G. A., chap. 36, sec. 
1 and 2). 

(Chapter 36, 18 General Assembly, Sections 1 and 2). 

Section 1. It shall be the duty of the auditor to provide a column which shall 
show the road districts to which the highway taxes belong, as transmitted by the 
township clerk, according to section nine hundred and seventy-five of the Code of 
1873. 

Sec. 2. It shall be the duty of the county treasurer, when he pays to the town¬ 
ship clerk, highway taxes, according to section nine hundred and seventy-six, to 
furnish at each time and to each clerk, a statement showing the road district or 
districts to which it belongs. 

XVI. HIGHWAY SUPERVISORS, ELECTION, QUALIFICA¬ 
TION AND DUTIES. 

bfo person shall vote for supervisor of highways of any highway 
district other than that in which he resides at the time of election. 
Votes for highway supervisors are to be separate and deposited in 
separate ballot boxes or compartments (Laws of 1878, chapter 71). 

Section 977. The supervisor must reside in the district for which he is 
elected or appointed, and no person shall be required to serve as supervisor who is 
exempt from performing labor on the highway. 

Supervisors are personally liable in damages for carelessness or neg¬ 
ligence in performing their powers, or in diverting a stream of water 
from an adjacent land owner, caused in making an alteration in the 
highway (24 Iowa, 336). 

The supervisor may be personally guilty of trespass in removing 
an obstruction, if not done for the purpose of opening the highway, 
but to do injury to the owner (37 Iowa, 446). He may be restrained 
by injunction from repairing the highway in such way as to interfere 
with the rights of an adjoining owner (36 Iowa, 583), and as to remov¬ 
ing shade trees (see section 989). 

Section 978. Each supervisor shall be required to give bond in such sum and 
with such security as the township clerk may deem requisite, and conditioned that 
he will faithfully and impartially perform all the duties devolving upon him, and 
appropriate all moneys that may come into his hands by virtue of his office accord¬ 
ing to law; and in case of a vacancy occurring in any highway district within a 
township, the township clerk shall fill such vacancy by appointment. 

The bond above prescribed may be as follows: 


25 


No. 9.—HIGHWAY SUPERVISOR’S BOND. 

Know all men by these presents: That.as principal, and.as 

sureties, of.county, Iowa, are held and firmly hound unto the state of Iowa, 

for the use of the highway fund in highway district number.in.township, 

.county, Iowa, in the penal sum of.dollars, for the payment of which, 

well and truly to be made, we bind ourselves, our heirs and assigns, firmly by these 
presents. 

The condition of the above obligation is such: That whereas, the above bounden 

.has been elected (or appointed) supervisor in highway district number. 

in.township,.county, Iowa: 

Now, if the said.will faithfully and impartially perform all the duties 

devolving upon him, and appropriate all moneys that may come into his hands by 
virtue of his office, according to law, then this obligation to be void, otherwise to 
be in full force and virtue. 

Signed this.day of.18... . Principal. 

Approved this.day of.18... .>• Sureties. 

. Township Clerk. .) 

State op Iowa, .County, ss. 

I,.solemnly swear that I will support the Constitution of the 

United States and the Constitution of the State of Iowa, and that I will faithfully 
and impartially discharge the duties of the office of highway supervisor according 
to the best of my ability. . 

Subscribed and sworn to by.before me this .day of. 

A. D. 18... ... 

Ik the approval of official bonds, the clerk cannot exercise too 
much care. Supervisors frequently have considerable money come 
into their hands by virtue of their office, and should the same be 
squandered or misapplied, and the signers of the bond be irresponsi¬ 
ble, the clerk may become liable therefor. 

The penalty specified in the bond must not be less than double 
the amount the supervisor will be likely to have in his hands at any 
one time, which amount may readily be ascertained from the tax list 
and other records in the clerk’s possession. 

Any moneys coming into the hands of the supervisors should be 
paid to the township clerk, not the trustees (62 Iowa, 468). 

Section 979. The township clerk shall notify each supervisor within five 
days after his election or appointment, and if he shall fail to appear before said 
township clerk, unless prevented by sickness, within ten days, and give bond and 
take the oath of office, he shall forfeit and pay the sum of five dollars, and in case 
of his failing or refusing to pay the same, his successor in office shall collect the 
said amount by suit or otherwise, and apply the same to the repairing of high¬ 
ways in his district. 

The notice of the election or appointment of highway supervisors 
may be in the following form: 






























26 


No. 10.—NOTICE OF ELECTION OR APPOINTMENT OF HIGHWAY 

SUPERVISOR. 

To.: You are hereby notified that you have been elected (or 

appointed as the case may be) highway supervisor for highway district number. 

in.township.county, Iowa, and you are required to appear before the 

undersigned and give bond and take the oath of office within ten days after the 
service of this notice; and on your failure to do so, you will be liable to pay a 
forfeiture of five dollars. 

Given under my hand this.day of.. 18... 

. Township Clerk. 

/ 

The notice may be served by the same person and return made in 
the same manner, as other notices of a like character are served and 
returned (See forms Nos. 3, 4 and 5). 

Section 980. The supervisor shall, within ten days after receiving the tax 
list specified in sections nine hundred and seventy-three and nine hundred and 
seventy-four, post up in three conspicuous places within his district, written notices 
of the amount of highway tax assessed to each tax payer in said district. 

The better way is to copy off three tax lists from the list received 
from the township clerk and post them up, and the supervisor can 
then keep the original for reference. 

Section 981. The supervisor shall cause all tax collected by him to be 
expended for the purposes specified in section nine hundred and sixty-nine of this 
code, on or before the first day of October of that year, except the portion set apart 
for a general township fund as provided in said section, which shall be by the 
supervisor paid over to the township clerk from time to time as collected, and his 
receipt taken therefor. 

The receipt may be in the following form: 

No. 11.—CLERK’S RECEIPT TO HIGHWAY SUPERVISOR. 

$. .township,.county, Iowa. 

Received of.supervisor of highway district number.in.town¬ 
ship, .county, Iowa, the sum of.dollars and.cents, general township 

fund collected by him. . Township Clerk. 

Section 982. The money tax levied upon the property in each district, 
except that portion set apart as a general township fund, whether collected by the 
supervisor or county treasurer, shall be expended for highway purposes in that 
district, and no part thereof shall be paid out or expended for the benefit of another 
district. 

The township trustees have no control over the road fund in the 
hands of the township clerk, except that part which may be set apart 
for general township purposes; the balance is to be expended by the 
road supervisor in his discretion, and he can demand and receive it 
from the township clerk ( Henderson vs. Simpson , 45 Iowa, 519). 

Section 983. The supervisor shall require all able bodied male residents of 
his district between the ages of twenty-one and forty-five, to perform two days’ 
labor upon the highway between the first day of April and September of each year. 



















27 


Sec. 984. The supervisor shall give at least three days’ notice of the day or 
days and place designated to work the highways to all persons subject to work 
thereon, or who are charged with a highway tax within his district, and all persons 
so notified must meet said supervisor at such time and place with such tools, 
implements, and teams as the supervisor may designate, and shall labor diligently 
under the direction of the supervisor for eight hours each day; and for such two 
days’ labor performed, the supervisor shall give to the person a certificate, which 
certificate shall be evidence that such person has performed labor on the public 
highway, and shall exempt such person from performing labor in payment of 
highway poll tax in that or any other highway district for the same year. And 
the supervisor shall give any person who may perform labor in payment of his 
highway tax, if demanded, a receipt showing the amount of money earned by 
such labor, which shall be evidence of the payment of said tax to the amount 
specified in the receipt. 

Should there he any persons between the ages of twenty-one and 
forty-five residing in the district, whose names are not on the list, it 
is the duty of the supervisor to place their names on said list, and 
compel all such to perform labor, as required in this chapter. 

A day’s woi;k shall he nine faithful hours, in those localities where 
chapter 200 of the 20 Gr. A. has been adopted (20 Gr. A., chapter 200, 
section 14. page 31). 

The notice mentioned in the foregoing section may be either verbal 
or written. As the statute points out no manner in which the notice 
shall he served, it seems that any manner is sufficient, provided the 
person to he notified receives it, and no person can be compelled to 
perform the labor until such notice shall have been given. 

Should it he necessary or more convenient to give a written notice, 
it may be in form as follows: 

No. 12.—NOTICE TO PERFORM LABOR ON THE HIGHWAY. 

To.: You being subject to perform labor on the highway in this 

district, you are hereby notified to appear with [here state what implements], on the 
.day of.18..., at.o’clock.M., at [here name the place], for the pur¬ 
pose of working out your said highway tax. Given under my hand this.day 

of.18... . Supervisor of Highway District No . 

A failure to notify the tax payer of the time and place to work out 
his tax will not be cause to restrain the collection of the whole tax 
(45 Iowa, 168). 

To each person who shall have paid his highway tax, the supervisor 
should give a certificate or receipt, and whether paid in cash or labor, 
or in both, the following form will be found most convenient: 

No. 13. 

$. ....County, Iowa,.18. 

Received of.-.;.dollars and.cents, being in full of his Poll 

and Personalty Road Tax and Road Tax on......for the year 18. 

Paid in Labor, $. .. 

Paid in Cash, $. Supervisor Road District No . 

Total, ... Twp . 
























28 


Section 985. Each person liable to perform labor on the public highway as 
poll tax, who shall fail or neglect to attend, either in person or by satisfactory 
substitute, at the time and place appointed, with the designated tool, implement, 
or team, having had three days’ notice thereof, or having attended, shall spend 
his time in idleness, or disobey the supervisor, or fail to furnish said supervisor 
within five days thereafter, some satisfactory excuse for not so attending, shall 
forfeit and pay to said supervisor the sum of three dollars for each day’s delin¬ 
quency, and in case of failure to pay such forfeit within ten days, the supervisor 
shall recover the same by action in the name of the supervisor, and no property or 
wages belonging to said person shall be exempt to the defendant on execution. 
Said judgment to be obtained before any justice of the peace in the proper town¬ 
ship ; which money when collected shall be expended on the public highway. 

No person subject to work on the highways will be released from per¬ 
forming the required two days’ labor, even should a satisfactory excuse 
be given for not appearing at the time required as provided above. 

In municipal corporations all able-bodied male residents of the cor¬ 
poration between the ages of twenty-one and forty-five years, shall, 
between the first day of April and the first day of September each 
year, either by themselves or satisfactory substitutes, perform two 
days’ labor upon the streets, alleys or highways within such corpo¬ 
ration, at such times and places as the proper officer may direct, and 
upon three days’ notice in writing given; the corporation may pro¬ 
vide that for each day’s failure to attend and perform the labor as 
required, at the time and place specified, the delinquent shall forfeit 
and pay to the corporation any sum not exceeding three dollars for 
each day’s delinquency, and in case of failure to pay such forfeit 
within ten days the supervisor of highways or street commissioner of 
said corporation shall recover the same by action in the name of the 
supervisor of the highways or street commissioner of said corporation; 
and no property or wages belonging to said person shall be exempt to 
the defendant on execution; said judgment to be obtained before the 
mayor of said corporation, or any justice of the peace in the proper 
township; which money, when collected, shall be expended upon the 
streets of the corporation; and that all such sums remaining unpaid 
on the first day of September in each year may be treated and col¬ 
lected as taxes on property, and the same shall be a lien on all the real 
property of the delinquent that may be listed for taxation, and assessed 
and owned by him on the first day of November of the same year 
(code of 1873, section 487, as amended by chapter 32, Laws of 1882). 

A man who is not able-bodied is not liable to the penalty prescribed 
for failure to appear when summoned by the supervisor to perform 
labor on the highway, nor would the failure of such person to make 
his disabilities known to the supervisor change the rule (31 Iowa, 75). 


29 


Any person who is an active member of any fire engine, hook and 
ladder, hose, or any other company for the extinguishment of fire, or 
the protection of property at fires under control of the corporate 
authorities of any city or incorporated town, shall, during the time 
he shall continue an active member of such company, be exempt from 
the performance of any military duty, and from the performance of 
labor on the highways on account of poll tax, and from serving as a 
juror (code of 1878, section 1560). 

By section 1361 of the code, as enacted by the Eighteenth General 
Assembly, chapter 183, the trustees of each township shall provide 
for the relief of such poor persons in their respective townships as 
should not be sent to the poor house; and where a city is embraced 
within the limits of a township, the board of supervisors may appoint 
an overseer of the poor, who shall have within the city the powers 
and duties of furnishing relief. “And when in the opinion of the 
trustees or overseer the person asking aid, or any member of his 
family, is able to work, and such a condition would not be oppression, 
they may require the person or any member of his family who is able 
to work, as a condition on which relief shall he granted, to earn the 
relief by labor on the public highway at the rate of not to exceed 
sixty-five cents per day. The trustees of townships or overseers of the 
poor are also authorized to grant relief by furnishing food to transient 
persons who appear needy and who are able to work, but such relief 
shall not exceed the sum of forty cents per day, and they may require 
such able bodied persons to labor faithfully on the streets or highway 
at the rate of five cents an hour in payment for and as a condition of 
granting the relief. Said labor shall be performed under the direction 
of the officer having charge of working the streets or highways.” 

XVII. IMPROVEMENT OF HIGHWAYS. 

The following law, being chapter 200, Acts of the Twentieth Gen¬ 
eral Assembly, seems to be partly optional , both on the part of the 
board of supervisors and of the voters of each township: 

Sections 4 to 15, inclusive, apply only in townships adopting the 
plan provided by the Act—the mode of adoption being fixed by' sec¬ 
tion 4—and unless thus adopted, those sections are not in force. 
When once adopted, it can only be changed back to the old plan after 
a two years 1 trial, as provided in section 4. 

(Chapter 200, Laws of 1884.) 

Section 1. That the board of supervisors of each county may at the time of 
levying taxes for other purposes, levy a tax of not more than one mill on the dollar 
of the assessed value of the taxable property in their county, which tax shall be 


30 


collected at the same time and in the same manner as other taxes are collected and 
shall be known as the county road fund, and shall be paid out only on the order of 
the board of supervisors for work done on the highways of the county, in such 
places as the board shall determine, and the county treasurer shall receive the same 
compensation for collecting this tax as he does for collecting corporation taxes; 
provided , that the amount levied by the board of township trustees under section 
969 of the code, together with the amount thus levied, shall not be in excess of five 
(5) mills. 

Sec. 2. The board of supervisors shall, at their regular meeting in April of 
each year, determine from the auditor’s and treasurer’s books, the amount of 
money collected and credited to said tax fund. They shall also determine the 
manner in which said tax shall be expended, whether by contract or otherwise. 

Sec. 3. That section 986 be and the same is hereby repealed, and [the] follow¬ 
ing adopted in lieu thereof : 

Sec. 986. The supervisor shall be allowed the sum of two dollars 
per day for each day’s labor, including the time necessarily spent in 
notifying the hands and making out his return, which sum shall be 
paid out of the highway fund, after deducting his two days’ work. 
When there is no money in the hands of the clerk with which to pay 
the said supervisor, he shall be entitled to receive a certificate for the 
amount of labor performed, which certificate shall be received in pay¬ 
ment of his own highway tax for any succeeding year. 

Sec. 4. The board of township trustees may, at their regular meeting in 
April, 1884, or any regular April meeting thereafter, on petition of a majority of 
the voters of said township, consolidate the several road districts] in the township 
into one highway district; provided, however, that nothing herein contained shall 
be construed to prevent the trustees from again subdividing the township into sub¬ 
districts and returning to the present plan of road work, at any regular April 
meeting, after two years’ trial of the plan provided by this act. 

Sec. 5. The trustees may order the township highway tax for the succeeding 
year paid in money and have the same collected by the county treasurer the same 
as other taxes. 

Sec. 6. In cases where the township shall have organized into one highway 
district, as contemplated in section 4 of this act, the board of township trustees 
shall order and direct the expenditure of all the highway funds and labor belong¬ 
ing or owing to the township; and to this end the trustees may let by contract to 
the lowest responsible bidder (should they deem him competent to the proper per¬ 
formance of such work) any part, or all of the work on the highways for that year, 
in the township, or they may appoint a township superintendent of highways, with 
one or more assistants, should they deem it best so to do, to superintend all or any 
part of such work, subject always to the direction of the township trustees; pro¬ 
vided only, the said trustees shall not incur any indebtedness for such purposes, 
unless the same has been, or shall at the time be, provided for by an authorized 
levy. 

Sec. 7. The trustees shall cause both the property and poll road tax belong¬ 
ing to the township, to be equitably and judiciously expended for highway purposes 
in the township highway district, and shall cause the highway to be kept in as 
good condition as the means at their command will admit of. 


31 


Sec. 8. The trustees shall cause the noxious weeds growing- on the highways in 
their township to be cut twice a year, if deemed necessary to exterminate the same, 
and to have them cut at such times as to prevent their growing to seed; and for this 
purpose, the trustees may allow any land owner a reasonable compensation for 
destroying such weeds on the highways abutting his lands and have him credited 
for the same on his road tax for that year. 

Sec. 9. The trustees shall fix the term of office and per diem of the superin¬ 
tendent of highways and his assistants, should such be employed; provided, the 
superintendent shall not be hired for more than one year at a time and his per 
diem shall not exceed three dollars; and that the contract shall be conditioned so 
that the trustees may dispense with his services at any time, when in their judg¬ 
ment it shall be for the best interests of the township so to do. 

Sec. 10. The trustees shall cause at least seventy-five per cent, of the township 
highway tax to be properly expended for highway purposes by the fifteenth day of 
July each year. 

Sec. 11. In all cases where tbe one highway district plan shall be adopted, the 
highway funds belonging to the several road districts in the township, prior to the 
change, shall be placed to the credit of the general township highway fund, and 
all claims for work done or material furnished for road purposes and unsettled for 
prior to the change, shall be paid out of such funds. 

Sec. 12. The trustees shall require the township clerk, contractor, and super¬ 
intendent, contemplated in this act, each to qualify, as other township officers, and 
to execute a bond with approved sureties, for twice the amount of money likely to 
come into their hands, respectively, by reason of this act. 

Sec. 13. The trustees shall receive the same compensation per day for the time 
necessarily spent in looking after the highways, as they do for other township 
business; the county treasurer shall receive the per cent, for collecting the highway 
taxes contemplated in this act, that he does for collecting corporation taxes: and 
the township clerk shall receive two per cent, of all the money coming into his 
hands by reason of this act, and by him paid out for road purposes. 

Sec. 14. Nine hours’ faithful service for a man, or man and team, shall be 
required for a day’s work on the road; provided, that except on extraordinary 
occasions no person shall be required to go more than three miles from his place 
of residence to work on the roads; and for the purposes of this act, the residence 
of a man with a family shall be construed to be where his family reside[s], and 
for a single man it shall be at the place where he is at work. 

Sec. 15. The powers, duties, and accountability imposed on highway super¬ 
visors, so far as consistent with this act, shall apply with equal force to contractors, 
superintendents and assistants contemplated in this act. 

Sec. 16. In all cases where the one highway district for the township shall 
have been adopted, it shall be competent for the township trustees to designate 
when the same shall take effect as to the working on the roads. 

Sec. 17. Sections four (4) to fifteen (15) inclusive, of this act shall apply and 
be in force only in such townships as adopt the one highway district plan provided 
for in this act. 


32 


The supervisor should keep an accurate account of each day actually 
spent by him in the discharge of his duties, and make a detailed 
statement of the same to the trustees on the first Monday in October. 

Under section 984, eight hours constitutes a day’s labor on the 
highway, but by section 14, Chap. 200, Laws of 1884, in townships 
adopting the one highway district plan therein provided, nine hours 
faithful work constitutes a day’s labor. 

The certificate provided for in section 986 may be substantially as 
follows: 

No. 14.—CERTIFICATE OF LABOR PERFORMED ON HIGHWAY. 

.township, ..county, Iowa. 

I, ., clerk of.township,.county, Iowa, do hereby 

certify that.has performed [here state the number of days] days’ labor on 

the highway in highway district number.in.township, .county, Iowa, 

during the year 18..., and that there is no money in my hands with which to pay 
the same. Given under my hand this.day of.18... 

. Township Clerk. 

Should there be money in the hands of the clerk subsequent to 
the giving of such receipt sufficient to pay the same off, he may do so, 
and take up said receipt and credit the amount on his books. 

Section 987. The supervisors of the several districts of each township shall 
report to the township clerk on the first Monday of April and October of each year, 
which report shall embrace the following items : 

1. The names of all persons in his district required to perform labor on the 
public highway, and the amount performed by each; 

2. The names of all persons against whom suits have been brought as required 
by section nine hundred and eighty-five, and the amount collected of each; 

3. The names of all persons who have paid their property highway tax in 
labor, and the amount paid by each; 

4. The names of all persons who have paid their property tax in money, and 
the amount paid by each; 

5. A correct list of all non-resident lands and town lots on which the highway 
tax has been paid, and the amount paid by each; 

6. A correct list of all non-resident lands and town lots on which the highway 
tax has not been paid, and the amount of tax on each piece; 

7. The amount of all moneys coming into his hands by virtue of his office, 
and from what sources; 

8. The manner in which moneys coming into his hands by virtue of his office 
have been expended, and the amount, if any, in his possession; 

9. The number of days he has been faithfully employed in the discharge of 
his duty; 

10. The condition of the highways in his district, and such other items and 
suggestions as said supervisor may wish to make, which report shall be signed and 
sworn to by said supervisor, and filed by the township clerk in his office. 














33 


It is the duty of the township clerk to provide the supervisors with 
the necessary blanks on which to make out their reports; but should 
no blanks be provided, the supervisors may use the following form in 
making out such reports, which may be altered and changed when 
necessary to meet the circumstances of each case. 

No. 15—REPORT OF HIGHWAY SUPERVISOR.* 

State of Iowa, ) 

.County, > Highway District No., .township. 

To the Township Clerk of said Township: 

The undersigned, supervisor of said highway district, herewith presents/ his 
semi-annual report in compliance with section 987, code of 1873, as follows: 



Poll Tax 

Property Tax 

Sued for 
Poll Tax 


NAMES 

Of persons required to 
perform labor and pay tax 
for highway purposes. 

[Days l’b’r 

j perf’m’d 

Amount 
paid 
in cash 

Amount 

levied 

Amount 
paid in 
labor 

Amount 
paid in 
cash 

No. 

, 

Ain’t col- 

'd 

D 

o 

<» 

REMARKS 

Allen, John. 

2 



$12 

00 

$6 

00 

$6 

00 





Baker, A. 

1 

1 

25 

6 

00 

1 

25 

4 

75 





Coons, S. T. 










1 

5 

50 



This report is required to be made on the first Monday of April and 
October of each year. 

The list of non-resident lands and town lots specified in the fore¬ 
going section, may be in form as follows: 

No. 16.—LIST OF NON-RESIDENT LANDS AND TOWN LOTS. 


In highway district number.in.township..county, Iowa, showing 

the highway taxes for the year 18., paid and unpaid, since last report; 


Parts of Section, 
Name of Town, or 
Sub-division. 

Sec. or 
Lot 

Twp. 

or 

Block 

Range 

Amount 
of Tax 
Levied 

Amount 

Paid 

Amount 

Unpaid 

Remarks. 

w y 2 s. w.m 

6 

67 

f 

42 

6 

00 



6 

00 


N. W. N. W. 

13 

67 

40 

12 

00 

6 

00 

6 

00 



The account of moneys received and expended as above provided, 
should be accompanied with receipts or vouchers for all moneys paid 
out in his official capacity, and may be in form as follows: 

♦Blanks for Highway Supervisors’ Annual Reports may be had of Acres, Blackmar & Co., 
Burlington, Iowa. 





































































34 


No. 17.—HIGHWAY SUPERVISOR’S CASH ACCOUNT. 
District No.. .township. 

MONEYS RECEIVED. 


18.Amount on hand at last report.$ 10 00 

“ “ received from township clerk. 100 00 

“ “ collected on poll tax, as shown herein. 25 00 

“ “ “ on property tax, as shown herein. 50 00 

“ “ by suits for poll tax, as shown herein. 10 00 


Total...$195 00 


MONEYS EXPENDED. 

18.P’d for lab. on pub. highways, as shown by rec’pts here with.. $100 00 


bridge material, as shown by receipts herewith. 50 00 

Balance on hand. 45 00 

Total..$195 00 


Attached to his report of taxes paid and unpaid, list of non-resident 
lands and town lots, and of moneys received and expended as above 
provided, must be his affidavit showing the correctness of said report, 
number of days he has been employed in the performance of his 
official duties, and the condition of the highways in his district at the 
time of such report, which affidavit may be in form as follows: 

No. 18.—OATH TO HIGHWAY SUPERVISOR’S REPORT. 

The State of Iow a 1 

.County, 5 ' I,.......being duly sworn, on oath say that I 

am supervisor of highways in district No.......of.township, in said county and 

state; that the above and foregoing report is true and correct in every particular; 

that I have been faithfully employed.days during the last.months in the 

discharge of my duties as highway supervisor, and that the highways in said 
district are in.condition. . Highway Supervisor. 

Subscribed and sworn to by.before me,.18. 


Each highway supervisor should keep in a book kept for that pur¬ 
pose,* a correct account between himself and the district, showing the 
time, from whom, and the amounts of all moneys received; the time, 
to whom, for what, and the amounts of all moneys paid out, which 
account may be substantially as follows: 

♦Highway Supervisors’ Account Books may be had by sending $1.00 to Acres, Blackmar & Co., 
Burlington, Iowa. 































35 


No. 19.—ACCOUNT BETWEEN HIGHWAY SUPERVISOR AND THE 

DISTRICT. 

.Supervisor in account with 

Highway District No., .township,.county, Iowa: 


MONEYS RECEIVED. 

DR. 

18. ..April 1. To cash from Township Clerk . 

“ “ 5. “ “ “ J. Taff, on Tax list . 

“ “ 20. “ “ “ T. Laub, on Tax list . 

.$100 00 

. 20 00 

. 70 00 

Total . 

.$190 00 

MONEYS EXPENDED. 

CR. 

18. ..May 4. By Cash paid T. Lee, for lumber, vouch. No. 1... 
“ “ 10. “ “ “ G. Fox, for labor, “ “ 2... 

“ “ 12. “ “ “ A. Mann, for nails, “ “ 3... 

“ “ 15. “ “ “ W. Ill, for timber, “ “ 4... 

“ “ 27. “ “ “ J. Robb, for labor, “ “ 5... 

“ July 1. “ “ “ I. Frame, for plank, “ “ 6... 

“ “ 20. “ “ “ Township Clerk, “ “ 7... 

...$ 15 00 
... 10 00 
... 1 00 
... 100 00 
... 15 00 
... 25 00 
... 24 00 

-$190 00 


As the supervisor is charged by the township clerk with the amount 
on the tax list, it is necessary that he use care in noting the number 
of days’ labor performed and the money paid by the persons therein 
named; he must be enabled to show in his settlement with the clerk 
how many have paid their tax in labor and how many in money; the 
amount of tax due in labor or poll tax, and the amount of propert}’" 
tax due and unpaid. No money shall be expended without taking a 
receipt or voucher therefor, to be filed away until his settlement with 
the township clerk. Unless the supervisor can account for all moneys 
coming into his hands, he will be liable for any deficit. 

Section 988. If it appears from such report that any person has failed to 
perform the two days’ labor required, or any part thereof, and that the supervisor 
has neglected to collect the amount in money required to be paid in case of such 
failure, the clerk shall add the amount required to be paid in case of such failure 
to such person’s property tax, and certify the same as required in section nine 
hundred and seventy-five, and the auditor shall enter the same on the proper tax 
list, and the treasurer shall collect the same as required in said section nine hun¬ 
dred and seventy-five. 

Sec. 989. The supervisor is not permitted to cut down or injure any tree 
growing by the wayside which does not obstruct the highway, and which stands in 
front of any town lot, enclosure, or cultivated field, or any ground reserved for any 
public use, where such tree is intended to be preserved for shade or ornament by 
the proprietor of the land on or adjacent to which the tree is standing; and it shall 
not be lawful for the supervisor to enter upon any enclosed or unenclosed lands for 
the purpose of taking timber therefrom, without first receiving permission from 
the owner or owners of said lands; nor to destroy or injure the ingress or egress 
to any property, or to turn the natural drainage of the surface water to the injury 
of the adjoining owners. 






















36 


Supervisors will be restrained from removing standing trees in the 
highway in front of the owner’s premises, unless such removal is 
demanded by the wants of public travel and convenience; and the 
determination of the supervisors in such cases is not conclusive, but 
may be reviewed and controlled (36 Iowa, 583; 46 Iowa, 66). 

The making of a small ditch in front of a residence is not such an 
interference with owner’s rights of egress and ingress as gives him a 
right of action (40 N. W. Rep., 703). 

Shade trees at sides of highway which do not obstruct the traveled 
track should not be removed (61 Iowa, 471). 

Section 990. When notified in writing, that any bridge or any portion of 
the public highway is unsafe, the supervisor shall be liable for all damages result¬ 
ing from the Unsafe or impassable condition of the highway or bridge, after allow¬ 
ing a reasonable time for repairing the same. And if there is in the district any 
bridge erected or maintained by the county, then, in that event, he shall, on such 
notice of the unsafe condition of such bridge, as soon as he reasonably can, 
obstruct passage on such bridge, and use strict diligence in notifying at least one 
member of the board of supervisors of his county, in writing, of the unsafe con¬ 
dition of such bridge; and if he fails so to obstruct and notify, he shall be liable 
for all damages growing out of the unsafe condition of such bridge, occurring 
between the time he is so notified and such time as he neglects in obstructing such 
passage; and any person who shall remove such obstruction shall be liable for all 
damages occurring to any person resulting from such removal; Provided, that 
nothing herein contained shall be construed to relieve the county from liability for 
the defects of said bridge. (As amended by chap. 52, Laws of 1878.) 

It is not incumbent upon the road supervisor to build or repair 
bridges requiring large expenditures of money; nor is he liable for 
failing to repair at large expense. Such matters are under the charge 
of the county supervisors (13 Iowa, 181). 

He is required to build only such bridges as can be built with the 
limited means at his disposal (37 N. W. R., 138). 

It is the duty of any person knowing any portion of the highway 
or any bridge to be in an unsafe condition to notify the supervisor of 
the fact at once; but, to make him liable for neglect, the notice must 
be in writing (26 Iowa, 270), and may be in form as follows: 

No. 20.—NOTICE TO SUPERVISOR OF UNSAFE CONDITION OF 
HIGHWAY OR BRIDGE. 

To . Supervisor of highways in Highway District No . in . township, 

.........county, Iowa: 

You are hereby notified that the highway (or bridge) [here accurately describe 
the highway and place of defect] is in an unsafe condition. 

Dated this.day of.18... ... 









37 


The statute makes no provision in reference to the service and 
return of the above notice, but it will be sufficient if it be conclu¬ 
sively shown that such notice was given. 

The better way is to have the notice served and return made in the 
same manner that notices to property owners are served and returned, 
except that no publication is required. (See forms Nos. 3, 4 and 5). 

Section 991. For making' such extraordinary repairs, the supervisor may 
call out any or all the able-bodied men of the district in which they are to be made, 
but not more than two days at one time without their consent, and persons so 
called out shall be entitled to receive a certificate from the supervisor, certifying 
the number of day’s labor performed, which certificate shall be received in pay¬ 
ment for highway tax for that or any succeeding year at the rate per day estab¬ 
lished for that year. 

Sec. 992. If any able-bodied man, when duly summoned for any such purpose, 
fails to appear and labor diligently by himself or substitute, or send satisfactory 
excuse therefor, or to pay the value of such work in money at any time before suit 
is bought, he is liable to a fine of ten dollars, to be recovered by suit before any 
justice of the peace in the name of the supervisor, and for the use of the highway 
fund of the district. 

One summoned to work on the highways, who is not an able-bodied 
man, and who does not appear and work, or make known his condi¬ 
tion when summoned, does not thereby deprive himself of the benefit 
of the exemption (31 Iowa, 75). 

Section 993. The supervisor shall remove obstructions in the highways 
caused by fences or otherwise, but he must not throw down or remove fences which 
do not directly obstruct the travel upon the highway, until reasonable notice in 
writing, not exceeding six months, has been given to the owner of the land 
enclosed in part by such fence. 

The reasonable time will depend on circumstances, owing to the 
season of the year, and the damage that may result from the removing 
or throwing down of such fence, and is a fact for the determination 
of a jury (39 Iowa, 607; 40 Iowa, 684). The notice may be served 
and returned in the manner that notices to property owners are served 
and returned when served on persons residing within the county. 
(See forms Nos. 3, 4, 5.) Such notice may be in the following form: 

No. 21.—NOTICE TO REMOVE FENCES OBSTRUCTING THE 
HIGHWAY. 

To.: You are hereby notified that you are required to remove your 

fence [here describe it] now obstructing the highway, on or before the.day 

of.18..., or said fence will be removed by the undersigned. 

Dated this.day of.18... 

. Supervisor of Highway District No... 


4 








38 


To obstruct a highway it is not necessary that it should be rendered 
impassable. An obstruction is an impediment; a hindrance; that 
which impedes progress (43 Iowa, 145). 

The obstructions contemplated by this section are such hindrances 
-or impediments as impede passage upon the road or render the high¬ 
way unsafe (43 Iowa, 142); but the supervisor is not permitted to 
remove such obstruction, if a fence or building, without notice, 
though the person making the same may be liable on an indictment 
(34 Iowa, 478). 

The supervisor may be enjoined from building a bridge so close to 
the margin of the highway as to do injury to the adjoining owner, 
when there is no other reason therefor than the saving of expense 
(61 Iowa, 471); he may also be restrained on threatenings of illegal 
action to open a highway by cutting trees, removing fences, changing 
water courses, &c. (67 Iowa, 207). 

Section 994. The supervisor shall keep the highways in as good condition 
as the funds at his disposal will permit, and shall place guide-boards at cross¬ 
roads and at the forks of the highways in his district; said boards to be made out 
of good timber, the same to be well painted and lettered, and placed upon good 
substantial hard-wood posts, to be set four feet in and to be at least eight feet above 
ground. 

Sec. 995. The supervisor of highways, when notified in writing that any 
Canada Thistles are growing upon any vacant or non-resident lands or lots within 
his district, the owner, agent or lessee of which is unknown, shall cause the same 
to be destroyed, and make return in writing to the board of supervisors of his 
county, with a bill for his expenses or charges therefor, which shall be audited and 
allowed by said board and paid from the county fund; and the amount so paid 
shall be entered up and levied against the lands or lots on which said thistles have 
been destroyed, and collected by the county treasurer the same as other taxes and 
returned to the county fund. 

By section 4062 of the code of Iowa, permitting Canada Thistles 
to bloom or mature, after notice to remove the same, is a misdemeanor, 
for which the owner, or the supervisor if they be on the highway, on 
conviction, may be punished. 

Section 996. The supervisors are required to meet the township trustees 
at the meeting on the first Monday in October in each year, at which time there 
shall be a settlement of the accounts of such supervisors connected with the high¬ 
way fund, for putting up guide-boards and for any other services; and after pay¬ 
ment of the supervisors, the trustees shall order such distribution of the funds in 
the hands of the township clerk, as they may deem expedient for highway pur¬ 
poses, and the clerk shall pay the same out as ordered by the trustees. 

The fund here referred to is the balance of the general fund, and 
does not include the money paid over by the county treasurer as taxes 




39 


collected by him, excepting such as may properly come under the head 
of the general fund (45 Iowa, 519). 

The clerk is the proper party to bring suit to recover the money 
(62 Iowa, 468). 

Section 997. Should there be no money in the treasury on final settlement 
of the supervisors with the trustees, said trustees shall order the township clerk to 
issue orders for the amount due the supervisors. The orders so issued shall be 
numbered with the number of the district to which they belong, and shall be 
received the same as money in the payment of highway tax in the district to which 
they are issued. 

The trustees may be compelled to levy a tax to meet any deficiency 
of the general fund. The orders may be used in payment of highway 
taxes, but the supervisor cannot be compelled to receive payment in 
that way (52 Iowa, 81). 

'Section 998. Any surpervisor failing or neglecting to perform the duties 
required by this chapter, shall forfeit and pay for the use of the highway fund of 
his district the sum of ten dollars; the township clerk shall, in case of such failure 
or neglect, commence suit in his name for the collection of . the same, before any 
justice of the peace within the proper township. 

Section 999. Where any owner or occupant of land adjoining or abutting 
upon any highway may desire to plant a hedge upon the line of the same, he shall 
be allowed to build his fence upon such highway; but he shall not build the fence 
more than five feet within the outer line of said highway, and said fence may be 
built on both sides of all highways of fifty feet or more in width at the same time. 
Such owner or occupant shall not be allowed to occupy such highway as aforesaid 
for more than ten years, and not more than six months before such hedge shall be 
planted, and at the expiration of such time he shall remove such fence upon the 
order of the supervisor of the district where such highway is situated. 

A highway becomes a public highway whether established by the 
original location or by re-location, and the erection of a fence across 
it would amount to an obstruction; and when a person is indicted for 
obstructing a public highway the only questions to be determined are: 
u l. Was it a public highway as recognized by law?” “2. Was it 
obstructed by the defendant?” (1 Green, 489) and malice is not a 
necessary element of the offense of obstructing a highway, the inten¬ 
tion to so obstruct only being necessary to precede the act (40 Iowa, 
374). If the highway laid out cannot be used on account of natural 
obstructions, and another line is established by prescription or long 
usage in order to evade such natural obstructions, the owner of the 
adjacent land cannot fence up such traveled highway without being 
liable (40 Iowa, 595). 

In removing fences and other obstacles from the highway, the 
supervisor must not exceed his authority given by the statute, and 


40 


must then perform his duty in respect thereto in an ordinarily prudent 
and careful manner; and if when he so acts he makes slight varia¬ 
tions from, or infringements over the line upon the lands of adjacent 
proprietors, it seems he will not be liable for trespass (31 Iowa, 138), 
and if he fails to remove fences or other obstructions as required by 
law, he may be compelled by an action of mandamus (36 Iowa, 93). 

If a fence along a highway is so situated as to endanger public 
travel, although it does not extend across the track, or to require 
removal in order to render the road safe for the public use, it is a direct 
obstruction of the highway and should be removed (39 Iowa, 607). 

The statute provides that if any person maliciously injure, remove, 
or destroy any bridge, road, or plank road, or place, or cause to be 
placed, any obstruction on such bridge, highway or road, or wilfully 
obstruct or injure any public road or highway, he shall be punished 
by imprisonment in the penitentiary not more than five years, or by 
fine not exceeding five hundred dollars and imprisonment in the 
county jail not exceeding one year (code of 1873, sec. 3979); and a 
prosecution may be supported for obstructing a highway established 
by use or prescription, which is of less width than a county or state 
road established in the manner pointed out by the statute (28 Iowa, 
514); but a fence projecting into the highway which does not obstruct 
public travel is not such an obstruction as would justify a criminal 
prosecution, and the highway supervisor shall not cause it to be 
removed without giving the owner reasonable notice (40 Iowa, 684). 

While highway supervisors are in duty bound to keep the highways 
in as good condition as the funds at their disposal will permit (code 
of 1873, section 994), and are liable for all damages resulting from 
the unsafe .or impassable condition of the highways or bridges, when 
notified of such defect (code of 1873, section 990), they are not 
liable for damages resulting from defects, the repairs of which would 
involve extraordinary expenditures (13 Iowa, 181). However, it is 
the duty of supervisors to make small bridges and repair small defects 
in large bridges, and for a failure or neglect to do so they are liable 
(13 Iowa, 181). 

It is the duty of the county in which a bridge is situated to make 
all repairs requiring an extraordinary expenditure of money (13 Iowa, 
181); such as would properly come under the designation of county 
bridges, and such as the county would be bound to build or repair, or 
over which its officers had exercised jurisdiction (26 Iowa, 265); hence 
in application of the rule it was held of a bridge some twelve or four¬ 
teen feet wide, across a ditch or small ravine two or three feet wide, 


41 


and two feet in depth, in which structure there was a hole which 
caused an injury to the plaintiff while traveling on the public high¬ 
way of which such bridge was a part, that the county was not liable; 
but a county has been held liable for the unsafe condition of bridges 
that have been built by county authorities (26 Iowa, 265). 

In order for a person to maintain an action on account of an injury 
occasioned by a defect in a highway, he must show that the highway 
was unsafe, and that he was in the exercise of ordinary prudence and 
care in traveling thereon, and an action may be maintained although 
the primary cause of the injury was an accident, as the breaking of 
the carriage or running away of the team, if the party was not in 
fault (25 Iowa, 108). 

Section 1225 of the code of Iowa, relating to drains across highways 
has been repealed, and by act of the Twenty-first General Assembly, 
chapter 55, the following is substituted: 

Section 1. When any water course or natural drain crosses any public high¬ 
way in the state of Iowa, and the adjoining or abutting land owner wishes to cross 
said highway with an underground tile drain for an outlet, or to connect with 
another underground tile drain, they shall notify the road supervisor having super¬ 
vision over the public highway to be crossed,, in writing, specify the depth of 
drain and size of tile to be used in crossing said highway, and give the road super¬ 
visor twenty days time to construct said underground tile drain. 

Sec. 2. When the road supervisor receives said written notice, he shall order 
said underground tile drain constructed across said highway, and pay for the tile 
and construction of the same out of any money or fund in his command. 

Sec. 3. If the supervisor fails to construct said underground tile drain within 
the twenty days’ time, then the abutting or adjoining land owner may go upon the 
highway and construct said underground tile drain across said highway, and he 
shall receive pay for constructing the same, including tile used in crossing said 
highway, out of any money or fund belonging to said road district, provided he 
shall leave the highway in as good condition as it was before the drain was 
constructed. 

XVIII. CONSTRUCTION OF HIGHWAYS LEADING INTO 
CITIES AND TOWNS. 

In reference to the construction and repair of highways leading 
into cities and incorporated towns, the statute provides that they may 
do so by appropriating therefor a portion of the highway tax belong¬ 
ing to said city or incorporated town, not exceeding fifty per cent, 
thereof annually, as hereinafter provided. When a petition shall be 
presented to the council or trustees, signed by one-third of the resi¬ 
dent tax-payers of said city or town, asking that the question of aid¬ 
ing in the construction or repair of any highway leading thereto be 


42 


submitted to the voters thereof, the council or trustees shall imme¬ 
diately give notice of a special election by posting notices in five 
public, places in said town at least ten days before said electron, which 
notice shall specify the time and place of holding said election, the 
particular highway proposed to be aided, the proportion of the high¬ 
way tax then levied and not expended, or next thereafter to be levied 
to be appropriated, at which election the question of “ appropriation ” 
or “no appropriation” shall be submitted, and if a majority of the 
votes polled be for appropriation, then the council or trustees may aid 
in the construction and repair of said highway to the extent of said 
appropriation, in the same manner as they otherwise would if said 
highway was within the corporation limits of said city or town; but 
no part of such highway tax shall be expended more than two miles 
from the limits of such city or town; provided, that in incorporated 
towns and cities of the second class, whether organized under a special 
charter or under the general incorporation law, with a population 
under ten thousand inhabitants, whenever one-third of the resident 
tax-payers of such incorporated town or city shall petition the trus¬ 
tees or council of such incorporated town or city, asking that a por¬ 
tion of the highway tax of such incorporated town or city may be 
used to aid in the construction or repair of highways outside and 
within three miles of the limits of such incorporated town or city, 
such trustees or council may, upon the presentation of such petition, 
order a part of the highway tax of such incorporated town or city, not 
exceeding twenty-five per cent, thereof, to be used and expended to aid 
in the construction or repair of highways outside and within three 
miles of the limits of such incorporated town or city (code of 1873, 
section 488, as amended by chapter 52, Laws of 1880). 

XIX. MEETING ON HIGHWAYS. 

Section 1000. Persons meeting each other on the public highway shall give 
one-half of the same by turning to the right. All persons failing to observe the 
provisions of this section shall be liable to pay all damages resulting therefrom, 
together with a fine not exceeding five dollars, which fine shall be appropriated to 
repairing the highways in the district where the violation occurred; but no prose¬ 
cution shall be instituted except on complaint of the person wronged. 


BRIDGES AND FERRIES. 


XX. BRIDGES. 

The hoard of supervisors have power and it is their duty to provide 
for the erection of all bridges which may be necessary, and which the 
public convenience may require, within their respective counties, and 
to keep the same in repair; but it shall not be competent for said 
board to order the erection of a bridge where the probable cost will 
exceed five thousand dollars, until a proposition therefor shall have 
been first submitted to the legal voters of the county, and voted for by 
a majority of all voting for and against such proposition at a general 
or special election (25 Iowa, 238, as amended by chapter 46, laws of 
1880), notice of the same being given for thirty days previously in a 
newspaper, if one be published in the county, and if none be published 
therein, then by written notice posted in a public place in each town¬ 
ship in the county; provided , that the board of supervisors of any 
county having a population of more than ten thousand, may appro¬ 
priate for the construction of any one bridge, which is or may here¬ 
after become a county charge within the limits of such county, or 
may appropriate toward the construction of any bridge across any 
unnavigable river, which is the dividing line between any two counties 
in this state, and between one county in this state and another state, 
such sum as may be necessary, not exceeding the sum of forty dollars 
a lineal foot for superstructure; but in no case shall they appropriate 
for said purpose, including superstructure and approaches, a sum 
exceeding fifteen thousand dollars; provided , however , that in any 
county having a population exceeding fifteen thousand, said board 
may appropriate as aforesaid, not to exceed twenty-five thousand dol¬ 
lars; provided , that no county shall expend a sum exceeding fifteen 
thousand dollars in aid of the construction of a bridge across a stream 
which is the dividing line between two counties (code of 1873, sec¬ 
tion 303, as amended by laws of 1876, chapter 80). 

Section 1001. Bridges erected or maintained by the public, constitute parts 
of the highway, and must not be less than sixteen feet in width. 



44 


Bridges nre parts of the highway (16 Iowa, 339), and they are 
under the general control of the supervisors, though they cannot be 
compelled to build them where they conclude the public interests do 
not demand them (43 Iowa, 193), and the bridge must not of neces¬ 
sity be of the statutory width. A less width will not defeat a recovery 
on the contract by the party building it (48 Iowa, 681). 

Bridges should be wide enough to permit the passage of all vehicles 
and machinery in use, and which are drawn on the highway (61 
Iowa, 471). 

Section 1002. Any person riding or driving faster than a walk across any 
bridge maintained at the public charge, shall be subject to pay the following 
penalties: When the bridge is twenty-five feet in length, and does not exceed one 
hundred, the sum of one dollar for each offense; when it is over one hundred, and 
does not exceed two hundred feet in length, the sum of three dollars for each 
offense; where it is over two hundred, and does not exceed three hundred feet in 
length, the sum of five dollars for each offense; and the further additional sum of 
one dollar for each offense for every hundred feet in length in excess of three 
hundred, to be recovered by civil action in the name and for the county in which 
the bridge is situated. If the bridge is situated in more than one county the 
action is maintainable in or by either. 

In cities and incorporated towns, the council shall have the care, 
supervision and control of all public highways and bridges within the 
city, and shall cause the same to be kept in repair; and all public 
bridges exceeding forty feet in length over any stream crossing a 
state or county highway, shall be constructed and kept in repair by 
the county; provided, that the city council may appropriate a sum 
not exceeding ten dollars per lineal foot to aid in the construction of 
any county bridge within the limits of such city, or may appropriate 
a like sum to aid in the construction of any bridge contiguous to said 
city on a highway leading to the same, or any bridge across any 
unnavigable river which divides the county in which said city is 
located from another state. (Code of 1873, section 527; Laws of 
1874, chapter 5). 

The board of supervisors is iiivested with power to erect and repair 
necessary bridges, and may levy a tax therefor not exceeding three 
mills on the dollar (19 Iowa, 87; 21 Iowa, 119); they also have power 
to aid in the construction of free bridges for public highways, either 
within or without incorporated cities and towns; and section ten 
hundred and ninety-seven of the revision of 1860 (code of 1873, 
section 527), does not take away the right of counties to build bridges 
in incorporated cities and towns on public highways (21 Iowa, 144). 


45 


Counties are not liable for injuries caused by defective bridges 
within tlie corporate limits of cities of the second class ( 21 Iowa, 409); 
but for the non-repair of county bridges they are liable for injuries 
therefrom (13 Iowa, 181; 26 Iowa, 264, 395; 32 Iowa, 328; 40 Iowa, 
217; 40 Iowa, 394; 43 Iowa, 456; 44 Iowa, 141); but the liability of 
counties for injuries caused by a failure to construct bridges or keep 
them in repair, extends to the larger class of bridges which require an 
extraordinary expenditure of money and are properly designated as 
county bridges (26 Iowa, 264; 40 Iowa, 295, 394). 

The fact that a part of the cost of building a county bridge was 
paid by voluntary contributions, and the money expended under the 
direction of others than agents of the county, will not take away the 
liability to keep said bridge in repair (40 Iowa, 394). 

Whether the approaches to a bridge constitute a part of the bridge 
proper or not, is a question of fact to be determined by the jury (40 
Iowa, 394; 46 Iowa, 177). 

Whenever a county line road intersects a stream of sufficient width 
to require a county bridge, and the point of intersection does not 
afford a suitable site for the construction of such bridge, and there is 
a good site for the erection of a bridge wholly within one or the 
other of said counties, at a reasonable distance from the county line, 
the board of supervisors of the respective counties to be benefited by 
said bridge may make the necessary appropriations for the construc¬ 
tion and maintenance of such bridge, the same as they might do if 
said bridge was located on county line (laws of 1878, chap. 40). 

By session laws of 1880, 18th General Assembly, chap. 45, in coun¬ 
ties containing a city of the first class in which are bridges more than 
three hundred feet in length, and for the cost of which such city is 
indebted in an amount not less than one hundred thousand dollars, 
the board of supervisors is required annually to set apart all the bridge 
tax collected during the year on taxable property in such city, and 
apply the same to the cancellation of said bridge debt, and if any 
money or tolls remain in excess of that required for the purpose above 
named, such excess may be used in repairing other city bridges need¬ 
ing repairs. And by 19th General Assembly, chap. 63 (session laws, 
1882), provision is made to enable any township, incorporated town 
or city, to aid in the construction of county bridges when the super¬ 
visors estimated cost of the same is not less than $10,000. When¬ 
ever a petition shall be presented to the council or trustees of an 
incorporated town or city, or the trustees of a township, signed by a 


46 


majority of the resident tax payers of such city, town or township, 
asking that the question of aiding the construction of a county bridge, 
to be in whole or in part within such city, town or township, or in 
the township in which such city or town is, be submitted to the 
voters thereof, the trustees or council shall give at least ten days 1 
notice of a special election, by posting in five places in such city, town 
or township, the time and place thereof, the location of the proposed 
bridge, and the rate and terms of the tax to be levied. The aggre¬ 
gate tax levied for the purpose cannot exceed five per centum of 
assessed value of the property to be taxed for the purpose, nor shall it 
exceed one-half of the estimated cost of the bridge. The taxes thus 
proposed shall be collected at the time or times specified in the order, 
by the county treasurer, in the same manner and subject to the same 
penalties for non-payment after maturity, as other taxes. The money 
thus provided shall be paid out on the order of the board of super¬ 
visors, by the county treasurer. 

ON THE USE OF SURPLUS BRIDGE FUND. 

Chapter 88 of the Acts of the Eighteenth General Assembly (ses¬ 
sion laws of 1880) provides that upon petition of one-third of the 
freeholders of a township in any county free from debt, and in which 
is a bridge fund, the board of supervisors of the county may, after 
providing for necessary bridge repairs, apply the surplus to the improve¬ 
ment of highways, upon contracts let to the lowest responsible bidder, 
granted after at least fourteen days’ notice, in some newspaper pub¬ 
lished in the county, of the proposal. But no larger indebtedness 
shall be incurred than can be paid with such surplus. 

ON BUYING BRIDGES OVER STREAMS DIVIDING COUNTIES. 

By chapter 13, Acts of the Twentieth General Assembly (session 
laws of 1884), the boards of supervisors of adjoining counties, each 
of which has a population exceeding 10,000 inhabitants, according to 
the last census, are authorized to purchase any toll bridge erected 
across a stream dividing such counties, and maintain it at their joint 
expense as a free public bridge, provided the cost of the bridge shall 
not exceed $10,000. The contract between the parties shall be in 
writing, and signed by the chairmen of the respective counties, and 
made part of their records; and if they cannot agree the cause may 
be submitted to the district court, which, upon a hearing of the case, 
may enter a decree in favor of the purchase, and determine the 
expense of the purchase and maintenance of such bridge to the several 


47 


counties according to the relative advantage accruing to each. If 
the decree is not appealed from, the supervisors shall at once proceed 
to complete the terms of its purchase and maintenance, and levy the 
necessary taxes for the purpose. Such counties are thereafter respon¬ 
sible for the safe condition of such bridge, as provided by law. 

By chapters 13 and 98 of the Acts of the Twenty-first General 
Assembly, it is provided that when the inhabitants of any incorporated 
city in the state, containing over 5,000 inhabitants, are desirous of 
aiding in the construction of a bridge over any navigable boundary 
river of the state, and shall vote a tax for the purpose not exceeding 
five per centum of the assessed value of property, it shall then be the 
duty of the board of supervisors to cause the tax voted to be made. 
The Act also provides for the manner of its collection and its expendi¬ 
ture for the purposes indicated in the act. 

XXI. TOLL BRIDGES. 

The board of supervisors have power to grant licenses for toll 
bridges across any water course or other obstacle which justify the 
establishment of the same; which license may continue for a period 
not exceeding fifty years, and may stipulate that no other bridge shall 
be permitted to cross the same obstruction within not exceeding two 
miles from such bridge. 

They shall have power to fix the rates of toll, and to regulate said 
bridges so as to allow persons to pass at any time. 

In granting licenses, preference must be given to the keeper of the 
previous bridge at the same point, or if it be a new bridge, preference 
shall be given to the owner of the land. 

The licenses must be entered upon the records of the board of 
supervisors, and shall contain the rates of toll allowed, and the rates 
must be conspicuously posted up at the extremity of the bridge, or 
some other conspicuous place near by; and a failure to do so will 
justify any person in refusing to pay the toll, and if habitually, the 
proprietor shall be liable to pay twenty-five dollars. 

The proprietor may establish rules for the regulation of teams so 
passing over said bridge; and any person who refuses to pay the regu¬ 
lar tolls established and posted up in accordance with the provisions 
of this chapter, or who shall run through or pass around the toll 
gates with a view of avoiding the payment of just tolls and dues, 


48 


when the rates have been posted up as required by law, shall forfeit 
five dollars, together with costs of suit, for "every such offense (code 
of 1873, section 1025). 

The provisions relating to ferries are alike applicable to toll bridges, 
unless otherwise'specified. 

XXII. FERRIES. 

The board of supervisors have power to grant licenses for ferries 
across any water course or other obstruction which justifies the same, 
which may continue for a period not exceeding ten years, and may 
stipulate that no other ferry shall be kept within one mile in either 
direction from said ferry, except it is made to appear to the board that 
the public good requires both ferries, after giving the holder of such 
license twenty days’ notice. 

They may prescribe rates of ferriage, and the hours of the day and 
night during which such ferry must be attended, both of which may 
be changed by the board at their discretion. 

Preference must be given to the owner of a previous ferry, or if a 
new one, the owner of the land at the point where the ferry is to be 
kept, if the board think either of such to be a proper person, other¬ 
wise any other proper person may have such privilege. 

When the opposite shores of a stream are in different counties, 
either county may grant such license, and the county first exercising 
the jurisdiction retains the same during the term of such license. 
When but one side of the river is in this state, the board have con¬ 
trol over the shore in this state the same as if the river was wholly in 
this state. 

Every ferryman shall be required to give bond in a penalty not 
less than one hundred dollars, for the faithful performance of his 
duties according to law and the rules prescribed; he must transport 
the public expresses of the United States a'nd of this state, and the 
United States mail at any hour of the day or night. 

The law relating to toll bridges is alike applicable to ferries, unless 
the same is otherwise provided. 

Such franchises are subject to execution, together with all material, 
implements, rights of way and works of whatever kind ordinarily 
used in their exercise, and the purchaser may take immediate pos¬ 
session. 


49 


Nothing contained in this chapter shall prevent the establishment 
of a free ferry by any person or corporation, nor from mill owners 
from crossing themselves or customers free of charge (code of 1873, 
title VII, chapter 3). 

A public ferryman is a common carrier and subject to' the same 
duties and responsibilities (23 Iowa, 90), which makes them liable 
under all circumstances, subject only to the contingencies arising 
from the act of God or public enemies (Greenleaf on Evidence, vol. 
1, sec. 218; 18 Iowa, 555). He is bound to keep his boat in running 
order and proper condition, and is liable (without a reasonable cause) 
for damages resulting from his failure thereof, which may he both to 
a city for the violation of an ordinance, and to the individual sus¬ 
taining such damage (22 Iowa, 90; 27 Iowa, 460). 

A ferry license is not vacated by the death of the party to whom 
the license was issued, but'passes to his representatives (27 Iowa,460).. 

An appeal does not lie from the action of the board of supervisors 
in refusing to grant a ferry license, but the vacation of a license by 
the board of supervisors is a decision from which an appeal will lie 
(25 Iowa, 445). 

XXIII. OBSTRUCTING, DEFACING, OR INJURING PUBLIC 
HIGHWAY, PUNISHED. 

If any person, without authority or permission from the proper 
road supervisor, shall in any manner obstruct, deface, or injure any 
public road or highway by breaking up, or plowing, or digging within 
the boundary lines thereof, he shall, upon conviction, be punished by 
a fine of not less than five dollars nor more than twenty-five dollars, 
or by imprisonment in the county jail not more than thirty days, at 
the discretion of the court (chapter 17, laws of 1874). 


I 


INDEX. 


(NOTE.—Under the head of “Establishment of Highways ,” each step in the proceedings 
is indexed under appropriate, sub-heads, and under the head of “ Supervisors ,” all the powers 
and duties of that office are given under appropriate sub-heads. All other matter is arranged 
alphabetically.) 


AID— 

to make and repair highways leading to towns and cities. 488 

BRIDGES— 

by whom erected and maintained. 

over navigable boundary river. 

unsafe condition of, who liable for. 

obstructing, a crime.3979 

toll bridges, provisions in relation to. 

on county line may be purchased at joint -expense 

BRIDGE FUND— 

surplus may be used for highways in certain cases.daws of 1880,chap. 

CATTLE-WAYS—(across highways) 

method of obtaining permission to contract. 

and other provisions in relation thereto. 


Sec. 

Page. 

. 488 

41 


43 


45 


47 

990 

36 

S.C. 

R. 44 

,3979 

39 


47 


46 

r 

00 

00 

46 


19 


ESTABLISHMENT OF HIGHWAYS— 

PRELIMINARY PROCEEDINGS, &c. 


board of supervisors has power to establish and change. 920 

width prescribed.. 921 

petition for establishment, vacation or alteration of.. 922 

bond for expenses required. 923 

commissioner appointed to examine the route. 924 

duty of commissioner defined.:.925 to 935 

auditor must appoint day for action on same.... 934 


notice to be served and published 


5 

5 

6 
6 
6 

6-8 

8 

8 

11 


OBJECTIONS AND CLAIMS FOR DAMAGES. 

claims for damages, or objections, must be filed on or before day ) qo, Q 

set for action.) ° ° 

they must be in writing. 941 11 

if objections or claims for damages are filed, the whole matter ( qoq .. 

to be referred to the board of supervisors. \ ' 

commissioners appointed to assess damages.940-2-3 11 

if report is not filed in time, the auditor may postpone. 944 12 

costs to be paid by claimants if no damages are awarded. 945 12 



























51 


ESTABLISHMENT OF HIGHWAYS— Continued. 


FINAL ACTION. 

auditor’s duties in establishing defined. 

final action by board of supervisors. 

must be established or opened across certain lands., 

SUBSEQUENT PROCEEDINGS 

all orders and actions to be entered in highway record. 948 

plat and field notes must be recorded and certified to twp. clerk... 949 

MISCELLANEOUS PROVISIONS. 

reasonable time must be allowed owners of land to erect fences ) q-,-, 

along new highway and to harvest crops...$ 

rights of minors, &c., under control of guardians. 951 

streets in unincorporated towns are part of the highway. 952 

highways in cities to conform to direction and grade of other streets 953 

HIGHWAYS ACROSS OR ALONG COUNTY LINES. 

may be established, vacated or altered by the concurrent action ) qcr 

of the respective boards of supervisors...$ ° 

such highways can only be discontinued by similar concurrent ) 
action. \ 


Sec. 

937, 939 
< 946 

- I 947 
( 925 

- I 954 


Page 

11 

12 

13 

6 

14 


13 

13 


13 

13 

14 
14 


14 

14 


HIGHWAYS ALONG STREAMS TO AVOID BRIDGING. 


may be established by board of supervisors—chapter 85, laws of ) 
4886.J 

HIGHWAYS ESTABLISHED BY CONSENT. 

method of establishing defined.957, 

HIGHWAYS ESTABLISHED BY DEDICATION 
AND PRESCRIPTION 

the common law thereof.(S. C. R.) | 

LOST FIELD NOTES. 

re-survey may be made. 

subsequent proceedings.965, 

APPEALS FROM ACTION OF THE BOARD. 

(In allowing or rejecting claims for damages.) 

method of taking'in certain cases.959, 960, 

action thereon by district court. 

costs, by whom payable. 

FERRIES— 

how authorized, and other provisions in relation thereto. 

GUIDE BOARDS - 

tax levied for... 

fund set apart for. 

supervisor to erect. 

trustees settle for..... 

HEDGES— 

may be planted along highway. 

HIGHWAYS— 

the words “ highway ” and “ road ” include public bridges. j 

streets in unincorporated towns are part of. 

in cities must conform to direction and grade of other streets. 


14 

958 15 


18 

19 


964 

16 

966 

17 


961 

15-16 

962 

16 

963 

16 


48 

969 

20 

970 

20 

994 

38 

996 

38 

999 

39 

45 

5 

956 

14 

952 

14 

953 

14 




























52 


MEETING— 

Sec. 

' on highways, persons turn to right.1000 

NOTICES— 

service and return of. 


OBSTRUCTION TO HIGHWAY— 

defined.....S. C. R. 

punished. ; .....chap. 17, 15th G. A. 

supervisor to remove, under certain restrictions. 993 


PENALTY— 

for obstructing highway.chap. 17, 15th G. A. 

avoiding payment of toll. ; .1025 

failure to work on defective roads and bridges. 992 

fast driving over bridges. .1002 

failing to give half of road.1000 

failing to keep cattle-way in repair.chap. Ill, 16th G. A. 

failure of clerk to certify delinquent tax to county auditor. 975 

removing obstruction placed by supervisor on unsafe bridge... 990 

failure to work poll tax. 985 

obstructing highway.3979 

of ferrymen.S. C. R. 


PLAT BOOK— 

all legal highways required to be platted in the highway plat ( ^ 

book by the county auditor.) 

and copy certified to township clerk. 968 


RAILROADS— 

are subject to assessment for road tax.S. C. R. 973 


SIDEWALKS ON HIGHWAYS— 

authority for, and provisions relating thereto. 


SUPERVISORS (Highway)— 

ELECTION, 

can only be voted for by electors of the district in / , 1 ,, r , 

which they reside... ( c ap ' ■ 1 ‘ tn A- 

supervisor must reside in the district. 977 

QUALIFICATION. 


penalty for failing to appear and qualify. 979 

not required to serve, if exempt from laboring on the highway. 977 


bond required, and its conditions.| g^g 

penalty in bond. 

VACANCY-APPOINTMENT. 

township clerk fills vacancy by appointment. 978 


GENERAL DUTIES. 

keep highways in repair and put up guide boards. 994 

destroy Canada Thistles on vacant or non-resident lands or lots. 995 

repair cattle-ways, if owner of land fails to do so.chap. Ill, 16 G. A. 

may have custody and use of the tools, &c., of the township, ) g 

when determined by the clerk.( 

shall be furnished with map of highways in his district. 972 


Page 

42 


8-9 


39 

49 

37 


49 

47 
37 
44 
42 
19 
23 
36 
28 
40 

48 


17 

17 


22 


20 


24 

24 


25 

24 

24 

25 
25 


24 


38 

38 

19 

20 

21 

































53 


Sec. 

Page 

J 989 

35 

| 989 

35 

C. R. 

24 

998 

39 

... 990 

36 

.. 974 

22 


27 

.. 980 

26 

( 981 

26 

l 982 

26 

.. 969 

26 


SUPERVISORS (Highway)— Continued. 

RESTRICTIONS AND PENALTIES. 

cutting down shade or ornamental trees in front of lots, enclos¬ 
ures or fields, which do not obstruct highway not permitted 
entering on premises to take timber, without permission from 
the owner, unlawful. 

penalty for neglect of duties. j 

liable for damages caused by unsafe bridge. 

DUTIES IN DETAIL. 

TAX LIST. 

receive tax list from township clerk, and give receipt therefor.... 

names omitted, to be inserted by supervisor. 

post up three notices (copies of tax list) in ten days. 

DISPOSITION OF MONEY TAX COLLECTED 

general directions in regard thereto. 

WORKING HIGHWAYS. 

amount allowed for a day’s labor to be fixed by the trustees. 

hours constituting a day’s labor. j gg^ 27 

two day’s labor required of all able-bodied male residents, be- ) ggg 26 

tween the ages of 21 and 45.) 

( 984 27 

general directions in relation thereto. ] 985 28 

( 986 30 

under chap. 200, laws of 1884, if adopted. 30 

active members of fire company are exempt from poll tax.1560 29 

persons not able-bodied, not liable to penalty for failure.S. C. R. 28 

supervisors required to perform same amount of labor as other ( ggg oq 

able-bodied men. .( 

required to work streets in unincorporated towns. 952 14 

able-bodied paupers required to labor on highway to earn relief... 29 

OPENING NEW HIGHWAYS. 

clerk directs supervisor to open and work. 949 13 

owners of land to have time to build fences and harvest crops. 950 13 

REPAIRING UNSAFE BRIDGE OR HIGHWAY. 

supervisor required to repair unsafe bridges, &c. 990 36 

may call out all able-bodied men in the district. 991 37 

penalty for failure to respond to such call. 992 37 

DRAINS ACROSS HIGHWAY. 

supervisor to construct when notified. 41 


REMOVING OBSTUCTIONS. 

fences, &c., obstructing highway, to be removed under certain ) 993 37 

restrictions. ) 999 39 

KEEPING ACCOUNTS. 

supervisor should keep account of all moneys handled. 35 

should keep account of all labor performed... 34 

should keep account of his own time and report it... 32 

SUEING DELINQUENTS, &c. 

( 985 28 

supervisors shall sue delinquents for poll tax in certain cases.j ggi> or. 

delinquencies in cities become liens on assessed property of de- [ ^ 23 

linquents.) 


5 






























54 


SUPERVISORS (Highway)— Continued. 

SUPERVISOR’S PAY. 


allowance to supervisor for each clay’s labor, 
account of time should be kept and reported. 


balance due, how paid. j 

REPORTS AND SETTLEMENTS. 

semi-annual report required first Monday in April. 987 

annual report and full settlement required first Monday in 
October.. . 

ONE HIGHWAY DISTRICT PLAN. 


sections 4 to 15 only in force when adopted as provided for by 
section 4. 


TAX (Highway)— 

board of supervisors shall levy (laws of 1884, chap. 


200 ). 


county treasurer required to pay highway funds to township clerk ) 

the last Monday in March and September each year.) 

all tax collected in each district (except general fund) to be ex¬ 
pended for highway purposes in such district. 

may be levied to pay previous indebtedness. 

must not exceed five mills... 

for road purposes in municipalities... 

TOOLS AND MACHINERY— 

are property of the township.S. C. 


TOWNSHIP CLERK— 


shall transmit delinquent tax list to auditor. 

may become liable for taking irresponsible bonds. 


certify new roads to supervisor, 
furnish road plat to supervisor, 
furnish blanks to supervisor.... 


pay out money as ordered by trustees. 


meet trustees and settle. 
TOWNSHIP TRUSTEES— 


shall set apart 


shall meet and settle with supervisors.996-7 38-39 


Sec. 

Page 

986 

30 


32 

986 

30 

997 

39 

987 

32 

969 

20 

996 

38 

4 

30 

5 

30 

17 

31 

1 

29 

2 

30 

976 

23 

982 

26 

969 

20 

969 

20 


21 

. R. 

21 

970 

20 

970 

20 

975 

23 

988 

35 


24 

979 

25 

978 

24 

978 

24 

949 

13 

972 

21 


33 

'3-4 

22 

998 

39 

976 

23 

996 

38 

970 

20 

970 

20 

969 

20 

969 

20 

971 

21 

970 

20 

971 

21 

16-7 38-39 





















































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